AN ACT relating to
crimes; repealing the prohibition against a person refusing to relinquish a
party line for an emergency call or securing the use of a party line by falsely
stating that it is needed for an emergency call; revising the definition of
public telephone for the purposes of the statute prohibiting a person from
refusing to relinquish a public telephone for an emergency call and from
falsely stating that it is needed for an emergency call; repealing the
prohibition against a person pasturing livestock in a cemetery; repealing the
prohibition against a person shearing sheep within a city or town; and
providing other matters properly relating thereto.

[Approved: March 7, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 207.161 is hereby amended to read as
follows:

207.161 As used in NRS 207.163:

1. “Emergency call” means a situation in which
property or human life is in jeopardy and the prompt summoning of aid is
essential.

2. [“Party line” means a subscribers’ line telephone circuit,
consisting of two or more main telephone stations connected therewith, each
station having a distinctive ring or telephone number.

3.]
“Public telephone” means a telephone which is made available to the public
upon the deposit of a coin [.] , currency or other monetary instrument or through the use
of a calling card, credit card or debit card.

Sec. 2. NRS 207.163 is hereby amended to read
as follows:

207.163 1. [It is unlawful for a
person to refuse to relinquish a party line immediately when he has been
informed that the line is needed for an emergency call and in fact the line is
needed for an emergency call.

2.]
It is unlawful for a person to refuse to relinquish a public telephone
immediately when he has been informed that it is needed for an emergency call
and in fact the line is needed for an emergency call and there is no other
reasonably apparent and immediately accessible telephone from which to make the
call.

[3.] 2. It is unlawful for a person to secure the
use of a [party line or] public telephone by
falsely stating that it is needed for an emergency call.

Sec. 3. NRS 452.001 is hereby amended to read
as follows:

452.001 The provisions of NRS 452.001 to 452.610,
inclusive:

1. Except NRS 452.002, 452.030[, 452.290]
and 452.300, do not apply to a person maintaining a cemetery but not operating
as a cemetery authority on July 5, 1971.

2. Do not apply to cemeteries containing the remains
of pets only.

Sec. 4. NRS 452.290 and 575.030 are hereby
repealed.

________

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ê2003
Statutes of Nevada, Page 327ê

CHAPTER 5, AB 39

Assembly Bill No. 39–Committee on Judiciary

CHAPTER 5

AN ACT relating to
the revision of statutes; directing the Legislative Counsel to resolve all
nonsubstantive conflicts between legislative acts and give effect to multiple
amendments to a single section of the Nevada Revised Statutes; and providing
other matters properly relating thereto.

(b) To cause the revision to be published in a number
of volumes deemed convenient.

(c) To cause the volumes to be bound in loose-leaf
binders of good, and so far as possible, permanent quality.

2. The pages of Nevada Revised Statutes must conform
in size and printing style to the pages of the Statutes of Nevada, and roman
style type must be used.

3. The Legislative Counsel shall classify and arrange
the entire body of statute laws in logical order throughout the volumes, the
arrangement to be such as will enable subjects of a kindred nature to be placed
under one general head, with necessary cross references.

4. Notes of decisions of the Supreme Court, historical
references and other material must be printed and arranged in such manner as
the Legislative Counsel finds will promote the usefulness thereof.

5. The Legislative Counsel in keeping Nevada Revised
Statutes current shall not alter the sense, meaning or effect of any legislative
act, but may renumber sections and parts of sections thereof, change the
wording of headnotes, rearrange sections, change reference numbers or words to
agree with renumbered chapters or sections, substitute the word “chapter” for
“article” and the like, substitute figures for written words and vice versa,
change capitalization for the purpose of uniformity and correct manifest
clerical or typographical errors.

6. The Legislative Counsel may create new titles,
chapters and sections of Nevada Revised Statutes, or otherwise revise the
title, chapter and sectional organization of Nevada Revised Statutes, all as
may be required from time to time, to effectuate the orderly and logical
arrangement of the statutes. Any new titles, chapters, sections and
organizational revisions have the same force and effect as the 58 titles
originally enacted and designated as the Nevada Revised Statutes pursuant to
chapter 2, Statutes of Nevada 1957.

7. The Legislative Counsel shall assign NRS numbers to
such new permanent and general laws enacted at any legislative session.

8. The
Legislative Counsel shall resolve all nonsubstantive conflicts between multiple
laws enacted at any legislative session as if made by a single enactment.

single
enactment. If multiple amendments to a single section of NRS are made during a
legislative session, such amendments are all effective and must be compiled in
a manner that is consistent with the intent of the Legislature as determined by
the Legislative Counsel.

Sec. 2. NRS 220.170 is hereby amended to read
as follows:

220.170 1. The master copy of Nevada Revised
Statutes, as printed and bound in accordance with NRS 220.130, must contain a
certificate of the Director of the Statute Revision Commission that he has compared
each section thereof with the original section of the enrolled bill by which
Nevada Revised Statutes was adopted and enacted, and that the sections in the
published edition are correctly copied. All other printed and bound copies of
Nevada Revised Statutes must contain a copy of the certificate.

2. Each set of replacement or supplementary pages,
prepared in accordance with NRS 220.160 and published before January 1, 1963,
for inclusion in the master copy of Nevada Revised Statutes, must be
accompanied by a certificate of the Director of the Statute Revision
Commission, and each set published after January 1, 1963, by a certificate of
the Legislative Counsel, that he has compared each section thereof with the
original section of the enrolled bill, and that, with the exception of the
changes authorized by law, the sections set forth in the replacement or
supplementary pages are correctly copied. All other sets of replacement or
supplementary pages must be accompanied by a copy of the certificate. All such
certificates must be inserted in the bound copies of Nevada Revised Statutes in
chronological order immediately following the initial certificate of the
Director.

3. Copies of Nevada Revised Statutes, as printed,
published, revised, supplemented and certified in accordance with this chapter,
constitute the official codified version of Statutes of Nevada and may be cited
as prima facie evidence of the law in all of the courts of this state. [That]Except as otherwise provided in
this subsection, that evidence may be rebutted by proof that the
statutes cited differ from the official Statutes of Nevada. That evidence may not be rebutted by proof that the
statutes differ from the official Statutes of Nevada in a manner authorized
pursuant to NRS 220.120.

4. Nevada Revised Statutes and its component parts may
be cited as follows:

(a) Nevada Revised Statutes: NRS

(b) A title: title 00 of NRS

(c) A chapter: chapter 000 of NRS

(d) A section: NRS 000.000

Sec. 3. This act becomes effective upon passage and approval.

________

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ê2003
Statutes of Nevada, Page 329ê

CHAPTER 6, AB 26

Assembly Bill No. 26–Assemblyman Oceguera

CHAPTER 6

AN ACT relating to
tort actions; providing immunity from liability to certain governmental
entities and actors for damages caused by equipment or other personal property
donated by any of them to a volunteer fire department; and providing other
matters properly relating thereto.

[Approved: March 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 41 of NRS is hereby
amended by adding thereto a new section to read as follows:

No action may
be brought under NRS 41.031 or against an immune contractor or an officer or employee
of the State or any of its agencies or political subdivisions for damages
caused by any equipment or other personal property that was provided by any of
them, in good faith and without charge, to a volunteer fire department for use
by the volunteer fire department in carrying out its duties.

Sec. 2. NRS 41.0307 is hereby amended to read
as follows:

41.0307 As used in NRS 41.0305 to 41.039, inclusive[:] , and section 1 of this act:

1. “Employee” includes an employee of a:

(a) Part-time or full-time board, commission or similar
body of the State or a political subdivision of the State which is created by
law.

(b) Charter school.

2. “Employment” includes any services performed by an
immune contractor.

3. “Immune contractor” means any natural person,
professional corporation or professional association which:

(a) Is an independent contractor with the State
pursuant to NRS 284.173; and

(b) Contracts to provide medical services for the
Department of Corrections.

As used in this subsection, “professional corporation” and
“professional association” have the meanings ascribed to them in NRS 89.020.

4. “Public officer” or “officer” includes:

(a) A member of a part-time or full-time board,
commission or similar body of the State or a political subdivision of the state
which is created by law.

(b) A public defender and any deputy or assistant
attorney of a public defender or an attorney appointed to defend a person for a
limited duration with limited jurisdiction.

(c) A district attorney and any deputy or assistant
district attorney or an attorney appointed to prosecute a person for a limited
duration with limited jurisdiction.

Sec. 3. NRS 41.031 is hereby amended to read
as follows:

41.031 1. The State of Nevada hereby waives its
immunity from liability and action and hereby consents to have its liability
determined in accordance with the same rules of law as
are applied to civil actions against natural persons and corporations, except
as otherwise provided in NRS 41.032 to 41.038, inclusive, and section 1 of this
act, 485.318, subsection 3 and any statute which expressly provides for
governmental immunity, if the claimant complies with the limitations of NRS
41.010 or the limitations of NRS 41.032 to 41.036, inclusive.

accordance with the same rules of law as are applied to civil
actions against natural persons and corporations, except as otherwise provided
in NRS 41.032 to 41.038, inclusive, and section 1 of this act, 485.318, subsection 3 and any
statute which expressly provides for governmental immunity, if the claimant
complies with the limitations of NRS 41.010 or the limitations ofNRS
41.032 to 41.036, inclusive. The State of Nevada further waives the immunity
from liability and action of all political subdivisions of the State, and their
liability must be determined in the same manner, except as otherwise provided
in NRS 41.032 to 41.038, inclusive, and section 1 of this act, subsection 3 and any statute
which expressly provides for governmental immunity, if the claimant complies
with the limitations of NRS 41.032 to 41.036, inclusive.

2. An action may be brought under this section against
the State of Nevada or any political subdivision of the State. In any action
against the State of Nevada, the action must be brought in the name of the
State of Nevada on relation of the particular department, commission, board or
other agency of the State whose actions are the basis for the suit. An action
against the State of Nevada must be filed in the county where the cause or some
part thereof arose or in Carson City. In an action against the State of Nevada,
the summons and a copy of the complaint must be served upon:

(a) The Attorney General, or a person designated by the
Attorney General, at the Office of the Attorney General in Carson City; and

(b) The person serving in the office of administrative
head of the named agency.

3. The State of Nevada does not waive its immunity
from suit conferred by Amendment XI of the Constitution of the United States.

________

CHAPTER 7, SB 263

Senate Bill No. 32—Committee on Human Resources and
Facilities

CHAPTER 7

AN ACT relating to
the Fund for a Healthy Nevada; providing that allocations by the Task Force for
the Fund for a Healthy Nevada of money from the Fund may be done by contract or
grant; requiring at least one competitive round of requests for proposals each
biennium for the distribution of certain money from the Fund; and providing
other matters properly relating thereto.

[Approved: March 11, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 439.630 is hereby amended to
read as follows:

439.630 1. The Task Force for the Fund for a Healthy
Nevada shall:

(a) Conduct public hearings to accept public testimony
from a wide variety of sources and perspectives regarding existing or proposed
programs that:

(4) Reduce or prevent the abuse of and addiction
to alcohol and drugs; and

(5) Offer other general or specific information
on health care in this state.

(b) Establish a process to evaluate the health and
health needs of the residents of this state and a system to rank the health
problems of the residents of this state, including, without limitation, the
specific health problems that are endemic to urban and rural communities.

(c) Reserve not more than 30 percent of all revenues
deposited in the Fund for a Healthy Nevada each year for direct expenditure by
the Department to pay for prescription drugs and pharmaceutical services for
senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money
reserved to the Department pursuant to this paragraph, the Department shall
subsidize all of the cost of policies of health insurance that provide coverage
to senior citizens for prescription drugs and pharmaceutical services pursuant
to NRS 439.635 to 439.690, inclusive. The Department shall consider recommendations
from the Task Force for the Fund for a Healthy Nevada in carrying out the
provisions of NRS 439.635 to 439.690, inclusive. The Department shall submit a
quarterly report to the Governor, the Task Force for the Fund for a Healthy
Nevada and the Interim Finance Committee regarding the general manner in which
expenditures have been made pursuant to this paragraph and the status of the
program.

(d) Reserve not more than 30 percent of all revenues
deposited in the Fund for a Healthy Nevada each year for allocation by the
Aging Services Division of the Department in the form of grants for existing or
new programs that assist senior citizens with independent living, including,
without limitation, programs that provide:

(1) Respite care or relief of family caretakers;

(2) Transportation to new or existing services
to assist senior citizens in living independently; and

(3) Care in the home which allows senior
citizens to remain at home instead of in institutional care.

The Aging Services Division of the Department shall consider
recommendations from the Task Force for the Fund for a Healthy Nevada
concerning the independent living needs of senior citizens.

(e) Allocate , by contract or grant, for expenditure not more than 20
percent of all revenues deposited in the Fund for a Healthy Nevada each year
for programs that prevent, reduce or treat the use of tobacco and the
consequences of the use of tobacco.

(f) Allocate , by contract or grant, for expenditure not more than 20
percent of all revenues deposited in the Fund for a Healthy Nevada each year
for programs that improve health services for children and the health and
well-being of persons with disabilities.

(i) Develop policies and procedures for the
administration and distribution of contracts,
grants and other expenditures to state agencies, political
subdivisions of this state, nonprofit organizations, universities and community
colleges. A condition of any such contract
or grant must be that not more than 8 percent of the contract or grant may be
used for administrative expenses or other indirect costs. The procedures must
require at least one competitive round of requests for proposals per [fiscal
year.]
biennium.

(j) To make the allocations required by paragraphs (e)
and (f):

(1) Prioritize and quantify the needs for these
programs;

(2) Develop, solicit and accept [grant]
applications for allocations;

(3) Conduct annual evaluations of programs to
which allocations have been awarded; and

(4) Submit annual reports concerning the
programs to the Governor and the Interim Finance Committee.

(k) Transmit a report of all findings, recommendations
and expenditures to the Governor and each regular session of the Legislature.

2. The Task Force may take such other actions as are
necessary to carry out its duties.

3. The Department shall take all actions necessary to
ensure that all allocations for expenditures made by the Task Force are carried
out as directed by the Task Force.

4. To make the allocations required by paragraph (d)
of subsection 1, the Aging Services Division of the Department shall:

(a) Prioritize and quantify the needs of senior
citizens for these programs;

(b) Develop, solicit and accept grant applications for
allocations;

(c) As appropriate, expand or augment existing state
programs for senior citizens upon approval of the Interim Finance Committee;

(d) Award grants or other allocations;

(e) Conduct annual evaluations of programs to which
grants or other allocations have been awarded; and

(f) Submit annual reports concerning the grant program
to the Governor and the Interim Finance Committee.

5. The Aging Services Division of the Department shall
submit each proposed grant which would be used to expand or augment an existing
state program to the Interim Finance Committee for approval before the grant is
awarded. The request for approval must include a description of the proposed
use of the money and the person or entity that would be authorized to expend
the money. The Aging Services Division of the Department shall not expend or
transfer any money allocated to the Aging Services Division pursuant to this
section to subsidize any portion of the cost of policies of health insurance
that provide coverage to senior citizens for prescription drugs and
pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive.

6. The Department, on behalf of the Task Force, shall
submit each allocation proposed pursuant to paragraph (e) or (f) of subsection
1 which would be used to expand or augment an existing state program to the
Interim Finance Committee for approval before the contract or grant is awarded. The request for
approval must include a description of the proposed use of the money and the
person or entity that would be authorized to expend the money.

AN ACT relating to
public employees’ benefits; reducing the number of days of notice that
participants in the Public Employees’ Benefits Program must be given before
being required to select or change a policy of health insurance that will
result in a change in premiums or coverage; and providing other matters
properly relating thereto.

[Approved: March 13, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 287.043 is hereby amended to
read as follows:

287.043 1. The Board shall:

(a) Establish and carry out a program to be known as
the Public Employees’ Benefits Program which:

(1) Must include a program relating to group
life, accident or health insurance, or any combination of these; and

(2) May include a program to reduce taxable
compensation or other forms of compensation other than deferred compensation,

for the benefit of all state officers and employees and other
persons who participate in the Program.

(b) Ensure that the Program is funded on an
actuarially sound basis and operated in accordance with sound insurance and
business practices.

2. In establishing and carrying out the Program, the
Board shall:

(a) For the purpose of establishing actuarial data to
determine rates and coverage for active and retired state officers and
employees and their dependents, commingle the claims experience of such active
and retired officers and employees and their dependents.

(b) Except as otherwise provided in this paragraph,
negotiate and contract with the governing body of any public agency enumerated
in NRS 287.010 that wishes to obtain group insurance for its officers,
employees and retired employees by participation in the Program. The Board shall
establish separate rates and coverage for those officers, employees and retired
employees based on actuarial reports.

(c) Except as otherwise provided in paragraph (d),
provide public notice in writing of any proposed changes in rates or coverage
to each participating public employer who may be affected by the changes.
Notice must be provided at least 30 days before the effective date of the
changes.

(d) If a proposed change is a change in the premium
charged for or coverage of health insurance, provide written notice of the
proposed change to all state officers, employees, retired employees and other
persons who participate in the Program who may be affected by the proposed
change. The notice must be provided at least [60]30 days before the date a
state officer, employee, retired employee or other person is required to select
or change his policy of health insurance.

(e) Purchase policies of life, accident or health
insurance, or any combination of these, or, if applicable, a program to reduce
the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any
company qualified to do business in this state or provide similar coverage
through a plan of self-insurance established pursuant to NRS 287.0433 for the
benefit of all eligible public officers, employees and retired employees who
participate in the Program.

(f) Except as otherwise provided in this title, develop
and establish other employee benefits as necessary.

(g) Investigate and approve or disapprove any contract
proposed pursuant to NRS 287.0479.

(h) Adopt such regulations and perform such other
duties as are necessary to carry out the provisions of NRS 287.0402 to 287.049,
inclusive, including, without limitation, the establishment of:

(1) Fees for applications for participation in
the Program and for the late payment of premiums or contributions;

(2) Conditions for entry and reentry into the
Program by public agencies enumerated in NRS 287.010;

(3) The levels of participation in the Program
required for employees of participating public agencies;

(4) Procedures by which a group of participants
in the Program may leave the Program pursuant to NRS 287.0479 and conditions
and procedures for reentry into the Program by those participants; and

(5) Specific procedures for the determination of
contested claims.

(i) Appoint an independent certified public accountant.
The accountant shall:

(1) Provide an annual audit of the Program; and

(2) Report to the Board and the Interim
Retirement and Benefits Committee of the Legislature created pursuant to NRS
218.5373.

(j) Appoint an attorney who specializes in employee
benefits. The attorney shall:

(1) Perform a biennial review of the Program to
determine whether the Program complies with federal and state laws relating to
taxes and employee benefits; and

(2) Report to the Board and the Interim
Retirement and Benefits Committee of the Legislature created pursuant to NRS
218.5373.

3. The Board shall submit an annual report regarding
the administration and operation of the Program to the Director of the
Legislative Counsel Bureau not more than 6 months before the Board establishes
rates and coverage for members for the following calendar year. The report must
include, without limitation:

(a) The amount paid by the Program in the preceding
calendar year for the claims of active and retired state officers and
employees; and

(b) The amount paid by the Program in the preceding
calendar year for the claims of retired members of the Program who were
provided coverage for medical or hospital service, or both, by the Health
Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., or a plan that provides
similar coverage.

4. The Board may use any services provided to state
agencies and shall use the services of the Purchasing Division of the
Department of Administration to establish and carry out the Program.

5. The Board may make recommendations to the
Legislature concerning legislation that it deems necessary and appropriate
regarding the Program.

6. The State and any other public employers that
participate in the Program are not liable for any obligation of the Program
other than indemnification of the Board and its employees against liability
relating to the administration of the Program, subject to the limitations
specified in NRS 41.0349.

7. As used in this section, “employee benefits”
includes any form of compensation provided to a public employee except federal
benefits, wages earned, legal holidays, deferred compensation and benefits
available pursuant to chapter 286 of NRS.

Sec. 2. This act becomes effective upon passage and
approval.

________

CHAPTER 9, AB 252

Assembly Bill No. 252–Committee on Ways and Means

CHAPTER 9

AN ACT making an
appropriation to the State General Fund from the Fund to Stabilize the
Operation of the State Government; and providing other matters properly
relating thereto.

[Approved: March 26, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the
Fund to Stabilize the Operation of the State Government created by NRS 353.288
to the State General Fund the sum of $135,000,000.

Sec. 2. This act becomes effective upon passage and
approval.

________

CHAPTER 10, AB 22

Assembly Bill No. 22–Assemblywoman Koivisto

CHAPTER 10

AN ACT relating to
nursing; defining certain terms related to the regulation of nursing; revising
the requirements for the licensure of nurses; and providing other matters
properly relating thereto.

[Approved: March 26, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 632 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 to 5,
inclusive, of this act.

Sec. 2. “Accredited
school of practical nursing” means a school of practical nursing which is
accredited by a nationally recognized association
or an agency authorized by law to accredit schools of practical nursing in the
state in which the school is located.

association or an
agency authorized by law to accredit schools of practical nursing in the state
in which the school is located.

Sec. 3. “Accredited
school of professional nursing” means a school of professional nursing which is
accredited by a nationally recognized association or an agency authorized by
law to accredit schools of professional nursing in the state in which the
school is located.

Sec. 4. “Approved
school of practical nursing” means a school of practical nursing that is
approved by the Board as meeting the standards for practical nursing education
established by the Board pursuant to NRS 632.430.

Sec. 5. “Approved
school of professional nursing” means a school of professional nursing that is
approved by the Board as meeting the standards for professional nursing
education established by the Board pursuant to NRS 632.440 to 632.470,
inclusive.

Sec. 6. NRS 632.010 is hereby amended to read
as follows:

632.010 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 632.011 to 632.0195,
inclusive, and sections 2 to 5,
inclusive, of this act have the meanings ascribed to them in
those sections.

Sec. 7. NRS 632.011 is hereby amended to read
as follows:

632.011 “Accredited school of nursing” means a school
of nursing which is accredited by a nationally recognized association or an
agency authorized by law to accredit [or approve]
schools of nursing in the state in which the school is located.

Sec. 8. NRS 632.120 is hereby amended to read
as follows:

632.120 1. The Board shall:

(a) Adopt regulations establishing reasonable
standards:

(1) For the denial, renewal, suspension and
revocation of, and the placement of conditions, limitations and restrictions
upon, a license to practice professional or practical nursing or a certificate
to practice as a nursing assistant.

(2) Of professional conduct for the practice of
nursing.

(3) For prescribing and dispensing controlled
substances and dangerous drugs in accordance with applicable statutes.

(b) Prepare and administer examinations for the
issuance of a license or certificate under this chapter.

(c) Investigate and determine the eligibility of an
applicant for a license or certificate under this chapter.

(d) Carry out and enforce the provisions of this
chapter and the regulations adopted pursuant thereto.

2. The Board may adopt regulations establishing
reasonable:

(a) Qualifications for the issuance of a license or
certificate under this chapter.

(b) Standards for the continuing professional
competence of licensees or holders of a certificate. The Board may evaluate
licensees or holders of a certificate periodically for compliance with those
standards.

3. The Board may adopt regulations establishing a
schedule of reasonable fees and charges, in addition to those set forth in NRS
632.345, for:

(a) Investigating licensees or holders of a certificate
and applicants for a license or certificate under this chapter;

(b) Evaluating the professional competence of licensees
or holders of a certificate;

(c) Conducting hearings pursuant to this chapter;

(d) Duplicating and verifying records of the Board; and

(e) Surveying, evaluating and approving schools of
practical nursing, and schools and courses of professional nursing,

and collect the fees established pursuant to this subsection.

4. For
the purposes of this chapter, the Board shall, by regulation, define the term
“in the process of obtaining accreditation.”

5. The
Board may adopt such other regulations, not inconsistent with state or federal
law, as may be necessary to carry out the provisions of this chapter relating
to nursing assistant trainees and nursing assistants.

[5.]6. The Board may adopt such other
regulations, not inconsistent with state
or federal law, as are necessary to enable it to administer the
provisions of this chapter.

Sec. 9. NRS 632.140 is hereby amended to read
as follows:

632.140 1. Every applicant for a license to practice
as a professional nurse in the State of Nevada [shall]must submit to the
Board written evidence under oath that he:

(a) Is of good moral character.

(b) Is in good physical and mental health.

(c) Has completed a course of study in [an]:

(1)
An accredited school of professional nursing and holds a diploma
therefrom[.] ; or

(2)
An approved school of professional nursing in the process of obtaining
accreditation and holds a diploma therefrom.

(d) Meets such other reasonable preliminary
qualification requirements as the Board may from time to time prescribe.

2. Each applicant [shall]must remit the fee
required by this chapter with his application for a license to practice as a
professional nurse in this state.

Sec. 10. NRS 632.270 is hereby amended to
read as follows:

632.270 Each applicant for a license to practice as a
practical nurse [shall]must submit to the Board written evidence,
under oath, that he:

1. Is of good moral character.

2. Has a high school diploma or its equivalent as
determined by the State Board of Education.

3. Is at least 18 years of age.

4. Has:

(a) Successfully completed the prescribed course of
study in an accredited school of practical nursing or an accredited school of professional nursing,
and been awarded a diploma by the school; [or]

(b) Successfully
completed the prescribed course of study in an approved school of practical
nursing in the process of obtaining accreditation or an approved school of
professional nursing in the process of obtaining accreditation, and been
awarded a diploma by the school; or

(c) Been
registered or licensed as a registered nurse under the laws of another
jurisdiction.

5. Meets any other qualifications prescribed in
regulations of the Board.

Sec. 11. NRS 632.343 is hereby amended to
read as follows:

632.343 1. The Board shall not renew any license
issued under this chapter until the licensee has submitted proof satisfactory
to the Board of completion, during the 2-year period
before renewal of the license, of 30 hours in a program of continuing education
approved by the Board.

completion, during the 2-year period before renewal of the
license, of 30 hours in a program of continuing education approved by the
Board. The licensee is exempt from this provision for the first biennial period
after graduation from [an]:

(a) An accredited
school of professional nursing [or];

(b) An
accredited school of practical nursing[.] ;

(c) An
approved school of professional nursing in the process of obtaining
accreditation; or

(d) An
approved school of practical nursing in the process of obtaining accreditation.

2. The Board shall review all courses offered to
nurses for the completion of the requirement set forth in subsection 1. The Board may approve
nursing and other courses which are directly related to the practice of nursing
as well as others which bear a reasonable relationship to current developments
in the field of nursing or any special area of practice in which a licensee engages.
These may include academic studies, workshops, extension studies, home study
and other courses.

Sec. 12. NRS 632.430 is hereby amended to
read as follows:

632.430 1.
The Board may prescribe standards and curricula for schools of
practical nursing, visit, survey and approve those schools, and remove those
schools from a list of approved schools of nursing for just cause.

2. A
school of practical nursing in this state must be:

(a) An
accredited school of practical nursing; or

(b) An
approved school of practical nursing in the process of obtaining accreditation.

Sec. 13. NRS 632.440 is hereby amended to
read as follows:

632.440 1.
The Board shall prescribe curricula and standards for schools
and courses of professional nursing. The Board shall provide for surveys of
such schools and courses at such times as it may deem necessary. It shall
approve such schools and courses as meet the requirements of this chapter and
of the Board. It shall evaluate and approve courses for affiliation with
approved schools of nursing in this state or with schools of nursing which have
applied for such approval.

2. A
school of professional nursing in this state must be:

(a) An
accredited school of professional nursing; or

(b) An
approved school of professional nursing in the process of obtaining
accreditation.

Sec. 14. This act becomes effective upon passage and
approval.

________

…………………………………………………………………………………………………………………

ê2003
Statutes of Nevada, Page 339ê

CHAPTER 11, AB 33

Assembly Bill No. 33–Assemblyman Horne

CHAPTER 11

AN ACT relating to
crimes; providing for an additional penalty to be imposed upon a person who is
convicted of manufacturing methamphetamines in certain circumstances; and
providing other matters properly relating thereto.

[Approved: March 26, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 453 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Unless a
greater penalty is provided by law, and except as otherwise provided in NRS
193.169, any person who violates NRS 453.322, 453.3385 or 453.3395 where the
violation included the manufacture of any material, compound, mixture or
preparation which contains any quantity of methamphetamine:

(a) Within 500
feet of a residence, business, church, synagogue or other place of religious
worship, public or private school, campus of the University and Community
College System of Nevada, playground, public park, public swimming pool or
recreational center for youths;

(b) In the
presence of a person who is less than 18 years of age; or

(c) In a manner
which creates a great risk of death or substantial bodily harm to another
person,

shall be punished by
imprisonment in the state prison for a term equal to and in addition to the
term of imprisonment prescribed by statute for the crime. The sentence prescribed
by this section runs consecutively with the sentence prescribed by statute for
the crime.

2. This
section does not create a separate offense but provides an additional penalty
for the primary offense, whose imposition is contingent upon the finding of the
prescribed fact.

3. For the
purposes of this section:

(a) “Playground”
has the meaning ascribed to it in NRS 453.3345.

(b) “Recreational
center for youths” has the meaning ascribed to it in NRS 453.3345.

(c) “Residence”
means any house, room, apartment, tenement, manufactured home as defined in NRS
489.113, or mobile home as defined in NRS 489.120, that is designed or intended
for occupancy.

Sec. 2. NRS 193.169 is hereby amended to read
as follows:

193.169 1. A person who is sentenced to an additional
term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161,
NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act
must not be sentenced to an additional term of imprisonment pursuant to any of
the other listed sections even if the person’s conduct satisfies the
requirements for imposing an additional term of imprisonment pursuant to
another one or more of those sections.

2. A person who is
sentenced to an alternative term of imprisonment pursuant to subsection 2 of
NRS 193.161 must not be sentenced to an additional term
of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163,
193.165, 193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act even
if the person’s conduct satisfies the requirements for imposing an additional
term of imprisonment pursuant to another one or more of those sections.

additional term of imprisonment
pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165,
193.167, 193.1675, 193.168 or 453.3345 or section 1 of this act even if the person’s
conduct satisfies the requirements for imposing an additional term of
imprisonment pursuant to another one or more of those sections.

3. This section does not:

(a) Affect other penalties or limitations upon
probation or suspension of a sentence contained in the sections listed in
subsection 1 or 2.

(b) Prohibit alleging in the alternative in the
indictment or information that the person’s conduct satisfies the requirements
of more than one of the sections listed in subsection 1 or 2 and introducing
evidence to prove the alternative allegations.

________

CHAPTER 12, AB 93

Assembly Bill No. 93–Committee on Judiciary

CHAPTER 12

AN ACT relating to
electronic transmissions; providing certain requirements to identify
advertisements in electronic mail; increasing liability for improperly
transmitting electronic mail that includes an advertisement in certain
circumstances; and providing other matters properly relating thereto.

[Approved: March 26, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 41.730 is hereby amended to read as
follows:

41.730 1. Except as otherwise provided in NRS 41.735,
if a person transmits or causes to be transmitted to a recipient an item of
electronic mail that includes an advertisement, the person is liable to the
recipient for civil damages unless:

(a) The person has a preexisting business or personal
relationship with the recipient;

(b) The recipient has expressly consented to receive
the item of electronic mail from the person; or

(c) The advertisement is readily identifiable as
promotional, or contains a statement providing that it is an advertisement, and
clearly and conspicuously provides:

(2) A notice that the recipient may decline to
receive additional electronic mail that includes an advertisement from the
person transmitting the electronic mail and the procedures for declining such
electronic mail[.

2. If]; and

(3)
The abbreviation “ADV” or the word “advertisement” as the first word of the
subject line of the electronic mail.

2. Unless
a greater amount of damages is provided pursuant to subsection 3, if a
person is liable to a recipient pursuant to subsection 1, the recipient may
recover from the person:

(a) Actual damages or damages of [$10]$50 per item of
electronic mail received, whichever is greater; and

(b) Attorney’s fees and costs.

3. If a person is liable to a recipient
pursuant to subsection 1 and the person:

(a) Disguised
the source of the advertisement;

(b) Used
false or misleading information in the subject line of the electronic mail;

(c) Provided
a false return address;

(d) Ignored
requests made by the recipient to decline receiving additional electronic mail;

(e) Provided
a false address for declining additional electronic mail from the person; or

(f) Obtained
the electronic mail address of the recipient through a method that was not
authorized by the recipient,

the recipient
may recover actual damages or damages of $500 per item of electronic mail received,
whichever is greater, and attorney’s fees and costs.

4.
In addition to any other recovery that is allowed pursuant to subsection 2[,]or 3, the recipient may
apply to the district court of the county in which the recipient resides for an
order enjoining the person from transmitting to the recipient any other item of
electronic mail that includes an advertisement.

________

CHAPTER 13, AB 94

Assembly Bill No. 94–Committee on Judiciary

CHAPTER 13

AN ACT relating to
the office of the commissioner of civil marriages; revising the provisions
governing the hours of operation for the office of the commissioner of civil
marriages in certain larger counties; and providing other matters properly
relating thereto.

[Approved: March 26, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 122.183 is hereby amended to
read as follows:

122.183 [1. In a county whose population is
400,000 or more, the hours of operation for the office of the commissioner of
civil marriages must be the same as the hours of the office in which marriage
licenses are issued at the county seat.

2. In a
county whose population is less than 400,000, the]The board of county
commissioners may, by ordinance, determine the hours of operation for the
office of the commissioner of civil marriages.

AN ACT relating to
trusts; providing that divorce or annulment of the marriage of a settlor
revokes certain provisions of a revocable inter vivos trust related to the
former spouse under certain circumstances; and providing other matters properly
relating thereto.

[Approved: March 26, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 163 of NRS is hereby
amended by adding thereto a new section to read as follows:

Divorce or
annulment of the marriage of a settlor revokes every devise, beneficial
interest or designation to serve as trustee given by the settlor to the former
spouse of the settlor in a revocable inter vivos trust executed before the
entry of the decree of divorce or annulment unless otherwise:

1. Provided in
a property or separation agreement that is approved by the court in the divorce
or annulment proceedings; or

2. Ordered by
the court in the divorce or annulment proceedings,

and the revocable
inter vivos trust provisions take effect in the same manner as if the spouse
had predeceased the trustor.

________

CHAPTER 15, AB 27

Assembly Bill No. 27–Committee on Judiciary

CHAPTER 15

AN ACT relating to
child support; revising the method for adjusting the presumptive maximum
amounts of child support owed by noncustodial parents; and providing other
matters properly relating thereto.

[Approved: March 27, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 125B.070 is hereby amended to
read as follows:

125B.070 1. As used in this section and NRS 125B.080,
unless the context otherwise requires:

(a) “Gross monthly income” means the total amount of
income received each month from any source of a person who is not self-employed
or the gross income from any source of a self-employed person, after deduction
of all legitimate business expenses, but without deduction for personal income
taxes, contributions for retirement benefits, contributions to a pension or for
any other personal expenses.

(b) “Obligation for support” means the sum certain
dollar amount determined according to the following schedule:

(1) For one child, 18 percent;

(2) For two children, 25 percent;

(3) For three children, 29 percent;

(4) For four children, 31 percent; and

(5) For each additional child, an additional 2
percent,

of a parent’s gross monthly income, but not more than the
presumptive maximum amount per month per child set forth for the parent in
subsection 2 for an obligation for support determined pursuant to subparagraphs
(1) to (4), inclusive, unless the court sets forth findings of fact as to the
basis for a different amount pursuant to subsection 6 of NRS 125B.080.

2. For the purposes of paragraph (b) of subsection 1,
the presumptive maximum amount per month per child for an obligation for
support, as adjusted pursuant to subsection 3, is:

PRESUMPTIVE
MAXIMUM AMOUNT

The
Presumptive Maximum Amount the

INCOME RANGE Parent
May Be Required to Pay

If the Parent’s Gross But per
Month per Child Pursuant to

Monthly Income is at Least Less Than Paragraph (b)
of Subsection 1 Is

$0 - $4,168 $500

4,168 - 6,251 550

6,251 - 8,334 600

8,334 - 10,418 650

10,418 - 12,501 700

12,501 - 14,583 750

If a parent’s gross monthly income is equal to or greater
than $14,583, the presumptive maximum amount the parent may be required to pay
pursuant to paragraph (b) of subsection 1 is $800.

3. The presumptive
maximum amounts set forth in subsection 2 for [each
income range and the corresponding amount of] the obligation
for support must be adjusted on July 1 of each year for the fiscal year
beginning that day and ending June 30 in a rounded dollar amount corresponding
to the percentage of increase or decrease in the Consumer Price Index (All
Items) published by the United States Department of Labor for the preceding
calendar year. On April 1 of each year, the Office of Court Administrator shall
determine the amount of the increase or decrease required by this subsection,
establish the adjusted amounts to take effect on July 1 of that year and notify
each district court of the adjusted amounts.

4. As used in this section, “Office of Court
Administrator” means the Office of Court Administrator created pursuant to NRS
1.320.

AN ACT relating to
counties; revising the requirements for the publication of notice of certain
meetings of the board of county commissioners; and providing other matters
properly relating thereto.

[Approved: March 27, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 244.085 is hereby amended to
read as follows:

244.085 1. Except as otherwise provided in this
section, the meetings of the boards of county commissioners must be held at the
county seats of their respective counties, or at a place not more than 10 miles
from the county seat within the boundaries of the county, at least once in each
calendar month, on a day or days to be fixed by ordinance.

2. If the day fixed by ordinance falls on a Saturday
or on a nonjudicial day, the meeting must be held on the next judicial day.

3. The first meeting of the board in odd-numbered
years must be held on the first Monday in January, but if the first Monday in
January is a nonjudicial day, the meeting must be held on the next judicial
day.

4. The meeting day and place as fixed by ordinance
must remain unchanged, unless notice of a proposed change is published once a
week for [3]2 consecutive weeks in a newspaper of general
circulation in the county.

5. Additional meetings of the board of county
commissioners may be held at any place within the boundaries of the county. If
the board meets outside the county seat, notice of the meeting must be given by
publication once a week for [3]2 consecutive weeks in a newspaper of general
circulation published in the county or by publication for 1 week in two or more
newspapers of general circulation published in the county.

6. At a meeting held outside the county seat, the
board of county commissioners may, in accordance with NRS 241.020, take final
action on any matter except zoning or planning matters which relate to a
different geographical area than the geographical area in which the meeting is
held.

7. The board may meet with the governing body of another
governmental unit at any location, including, without limitation, a location
outside the county, but the meeting may not be held at a place which is more
than 10 miles from the county seat unless the board, in addition to complying
with all other requirements for notice of a meeting of the board, provides
notice by publication in a newspaper of general circulation within the county,
for at least 3 working days before the meeting, of the date, time and place of
the meeting. In no case may the board take any official action at such a
meeting.

8. Members of the board may attend conventions,
conferences, seminars, congressional hearings or other federal hearings to
gather specific information or conduct the official business of the association
or sponsoring organization at any location if no action
is taken by the board in the course of such activity.

AN ACT relating to
the State Department of Conservation and Natural Resources; requiring the
interest earned on the money deposited in certain accounts or funds for use by
the Department to be credited to those accounts or funds; providing that
certain money collected for purposes of the Program for the Voluntary Cleanup
of Hazardous Substances and Relief From Liability must be deposited in the
Account for the Management of Hazardous Waste; and providing other matters
properly relating thereto.

[Approved: March 27, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 445B.590 is hereby amended to read as
follows:

445B.590 1. The Account for the Management of Air
Quality is hereby created in the State General Fund, to be administered by the
Department.

2. Money in the Account for the Management of Air
Quality must be expended only:

(a) To carry out and enforce the provisions of NRS
445B.100 to 445B.640, inclusive, and of any regulations adopted pursuant to
those sections, including, without limitation, the direct and indirect costs
of:

(1) Preparing regulations and recommendations
for legislation regarding those provisions;

(2) Furnishing guidance for compliance with
those provisions;

(3) Reviewing and acting upon applications for
operating permits;

(4) Administering and enforcing the terms and
conditions of operating permits;

(5) Monitoring emissions and the quality of the
ambient air;

(6) Preparing inventories and tracking
emissions;

(7) Performing modeling, analyses and
demonstrations; and

(8) Establishing and administering a program for
the provision of assistance, pursuant to 42 U.S.C. § 7661f, to small businesses
operating stationary sources; and

(b) In any other manner required as a condition to the
receipt of federal money for the purposes of NRS 445B.100 to 445B.640,
inclusive.

3. All
interest earned on the money in the Account for the Management of Air Quality
must be credited to the Account. Claims against the Account for
the Management of Air Quality must be paid as other claims against the State
are paid.

459.3824 1. The owner of a regulated facility shall
pay to the Division an annual fee based on the fiscal year. The annual fee for
each facility is the sum of a base fee set by the State Environmental
Commission and any additional fee imposed by the Commission pursuant to subsection
2. The annual fee must be prorated and may not be refunded.

2. The State Environmental Commission may impose an
additional fee upon the owner of a regulated facility in an amount determined
by the Commission to be necessary to enable the Division to carry out its
duties pursuant to NRS 459.380 to 459.3874, inclusive. The additional fee must
be based on a graduated schedule adopted by the Commission which takes into
consideration the quantity of hazardous substances located at each facility.

3. After the payment of the initial annual fee, the
Division shall send the owner of a regulated facility a bill in July for the
annual fee for the fiscal year then beginning which is based on the applicable
reports for the preceding year.

4. The owner of a regulated facility shall submit,
with any payment required by this section, the number assigned by the
Department of Taxation, for the imposition and collection of taxes pursuant to
chapter 364A of NRS, to the business for which the payment is made.

5. All fees collected pursuant to this section and
penalties collected pursuant to NRS 459.3833, 459.3834 and 459.3874[, and any interest earned
thereon,] must be deposited with the State Treasurer for
credit to the Fund for Precaution Against Chemical Accidents, which is hereby
created as a special revenue fund.
All interest earned on the money in the Fund must be credited to the Fund.

Sec. 3. NRS 459.3829 is hereby amended to
read as follows:

459.3829 1. No owner or operator of a regulated
facility may commence construction or operation of any new process subject to
regulation pursuant to NRS 459.380 to 459.3874, inclusive, unless he first
obtains all appropriate permits from the Division to construct the new process
or commence operation of the new process, or both. Before issuing any such
permits, the Division shall consult with the Division of Industrial Relations
of the Department of Business and Industry.

2. An application for such a permit must be submitted
on a form prescribed by the Division.

3. The Division may require the applicant to comply
with requirements that it establishes by regulation before issuing any permits
for construction and operation of the process.

4. The Division may charge and collect a fee for the
issuance of such a permit. All fees collected pursuant to this section [and
any interest earned thereon] must be deposited with the
State Treasurer for credit to the Fund for Precaution Against Chemical
Accidents created pursuant to NRS 459.3824.

Sec. 4. NRS 459.530 is hereby amended to read
as follows:

459.530 1. All proceeds from agreements entered into
pursuant to NRS 459.505, all application fees collected pursuant to NRS 459.634,
all reimbursements and penalties recovered pursuant to NRS 459.537, and all
fees collected[,]and all civil
penalties imposed [and all interest accrued] pursuant to
NRS 459.400 to [459.600,]459.658, inclusive, must be deposited with the
State Treasurer for credit to the Account for the Management of Hazardous
Waste, which is hereby created in the State General Fund. All interest earned on the money in the Account must be
credited to the Account.

Account. The
money in the Account must be paid as other claims against the State are paid.

2. The State Treasurer shall account separately for
each of the fees collected pursuant to NRS 459.512.

Sec. 5. NRS 519A.170 is hereby amended to
read as follows:

519A.170 [Fees]All fees collected
by the Division pursuant to this
chapter, including, without limitation, the fees for an
application for and the issuance of a permit , must be deposited with the State Treasurer
for credit to the appropriate account of the Division and must be used in the
administration of NRS 519A.010 to 519A.280, inclusive. All interest earned on the money credited pursuant to this
section must be credited to the account to which the money was credited.

Sec. 6. NRS 519A.280 is hereby amended to
read as follows:

519A.280 1. Except as otherwise provided in NRS
445C.010 to 445C.120, inclusive, a person who violates any provision of NRS
519A.010 to 519A.280, inclusive, or any regulation adopted by the Commission
pursuant to NRS 519A.160, is guilty of a misdemeanor and, in addition to any
criminal penalty, is subject to a civil penalty imposed by the Division at a
hearing for which notice has been given, in an amount determined pursuant to
the schedule adopted by the Commission pursuant to NRS 519A.160.

2. Any money received by the Division pursuant to
subsection 1 must be deposited [in the state general fund.] with the State Treasurer for credit to
the appropriate account of the Division. All interest earned on the money
credited pursuant to this section must be credited to the account to which the
money was credited.

Sec. 7. This act becomes effective on July 1, 2003.

________

CHAPTER 18, SB 57

Senate Bill No. 57–Senator Wiener

CHAPTER 18

AN ACT relating to
juvenile justice; revising certain provisions governing the program of
restitution through work; and providing other matters properly relating
thereto.

[Approved: March 27, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 62.129 is hereby amended to
read as follows:

62.129 1. A child alleged to be delinquent or in need
of supervision may be placed under the informal supervision of a probation
officer if the child voluntarily admits his participation in the acts for which
he was referred to the probation officer. If any of the acts would constitute a
gross misdemeanor or felony if committed by an adult, the child may not be
placed under informal supervision unless the district attorney approves of the
placement in writing. The probation officer must advise the child and his
parent, guardian or custodian that they may refuse informal supervision.

2. An agreement for informal supervision must be
entered into voluntarily and intelligently by the child with the advice of his
attorney, or by the child with the consent of a parent,
guardian or custodian if the child is not represented by counsel.

by the child with the consent of a parent, guardian or
custodian if the child is not represented by counsel. The period of informal
supervision must not exceed 180 days. The terms of the agreement must be
clearly stated in writing and signed by all parties. A copy of the agreement
must be given to the child, the attorney for the child, if any, the child’s
parent, guardian or custodian, and the probation officer, who shall retain a
copy in his file for the case. The child and his parent, guardian or custodian
may terminate the agreement at any time and request the filing of a petition
for formal adjudication.

3. An agreement for informal supervision may require a
child to:

(a) Perform community service or provide restitution to
any victim of the acts for which the child was referred to the probation
officer;

(b) Participate in a program of restitution through
work that is established pursuant to NRS 62.2185 if the child:

(1) Is 14 years of age or older;

(2) Has never been found to be within the
purview of this chapter for an unlawful act that involved the use or threatened
use of force or violence against a victim and has never been found to have
committed such an unlawful act in any other jurisdiction[;] , unless the probation officer
determines that the child would benefit from the program;

(3) Is required to provide restitution to a
victim; and

(4) Voluntarily agrees to participate in the
program of restitution through work;

(c) Complete a program of cognitive training and human
development pursuant to NRS 62.2195 if:

(1) The child has never been found to be within
the purview of this chapter; and

(2) The unlawful act for which the child is
found to be within the purview of this chapter did not involve the use or
threatened use of force or violence against a victim; or

(d) Engage in any combination of the activities set
forth in paragraphs (a), (b) and (c).

4. If an agreement for informal supervision requires a
child to participate in a program of restitution through work as set forth in
paragraph (b) of subsection 3 or complete a program of cognitive training and
human development as set forth in paragraph (c) of subsection 3, the agreement
may also require any or all of the following, in the following order of
priority if practicable:

(a) The child or the parent or guardian of the child,
to the extent of his financial ability, to pay the costs associated with the
participation of the child in the program, including, without limitation, a
reasonable sum of money to pay for the cost of policies of insurance against
liability for personal injury and damage to property during those periods in
which the child participates in the program or performs work, and in the case
of a program of restitution through work, for industrial insurance, unless the
industrial insurance is provided by the employer for which the child performs
the work; or

(b) The child to work on projects or perform community
service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period
that reflects the costs associated with the participation of the child in the
program.

5. If a child is placed under informal supervision, a
petition based upon the events out of which the original complaint arose may be
filed only within 180 days after entry into the agreement for informal
supervision. If a petition is filed within that period,
the child may withdraw the admission he made pursuant to subsection 1.

is filed within that period, the child may withdraw the
admission he made pursuant to subsection 1. The child’s compliance with all
proper and reasonable terms of the agreement constitute grounds for the court
to dismiss the petition.

6. Upon the request of the court, a probation officer
shall file with the court a report of the number of children placed under
informal supervision during the previous year, the conditions imposed in each
case and the number of cases that were successfully completed without the
filing of a petition.

Sec. 2. NRS 62.2185 is hereby amended to read
as follows:

62.2185 1. In addition to the options set forth in
NRS 62.211 and 62.213, the court may order a child who is found to be within
the purview of this chapter to participate in a program of restitution through
work that is established pursuant to this section if the child:

(a) Is 14 years of age or older;

(b) Has never been found to be within the purview of
this chapter for an unlawful act that involved the use or threatened use of
force or violence against a victim and has never been found to have committed
such an unlawful act in any other jurisdiction[;] , unless the court determines that the
child would benefit from the program;

(c) Is ordered to provide restitution to a victim; and

(d) Voluntarily agrees to participate in the program of
restitution through work.

2. If the court orders a child to participate in a
program of restitution through work, the court may order any or all of the
following, in the following order of priority if practicable:

(a) The child or the parent or guardian of the child,
to the extent of his financial ability, to pay the costs associated with the
participation of the child in the program, including, without limitation, a
reasonable sum of money to pay for the cost of policies of insurance against
liability for personal injury and damage to property or for industrial
insurance, or both, during those periods in which the child participates in the
program or performs work, unless, in the case of industrial insurance, it is
provided by the employer for which the child performs the work; or

(b) The child to work on projects or perform community
service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period
that reflects the costs associated with the participation of the child in the
program.

3. A director of juvenile services may establish a
program of restitution through work. A program of restitution through work
must:

(a) Include, without limitation, instruction in skills
for employment and work ethics; and

(b) Require a child who participates in the program to:

(1) With the assistance of the program and if
practicable, seek and obtain a position of employment with a public or private
employer; and

(2) Sign an authorization form that permits
money to be deducted from the wages of the child to pay restitution. The
director of juvenile services may prescribe the contents of the authorization
form and may determine the amount of money to be deducted from the wages of the
child to pay restitution, but the director shall not require that more than [50]:

(I)
Fifty percent of the wages of the child be deducted to pay
restitution[.] if the child, with the approval of the
director or probation officer, secures the employment without the assistance of
the program; or

(II)
Sixty percent of the wages of the child be deducted to pay restitution if the
child secures the employment with the assistance of the program.

4. A program of restitution through work may include,
without limitation, cooperative agreements with public or private employers to
make available positions of employment for a child who participates in the
program.

5. A director of juvenile services may terminate participation
by a child in a program of restitution through work for any lawful reason or
purpose.

6. A director of juvenile services may:

(a) Apply for, accept and expend grants, gifts,
donations, bequests or devises to finance a program of restitution through work
in the manner provided in NRS 62.2186; and

(b) Contract with persons and public or private
entities that are qualified to operate or to participate in a program of
restitution through work.

7. A director of juvenile services may designate a
person to carry out the provisions of this section.

8. The provisions of this section do not:

(a) Create a right on behalf of a child to participate
in a program of restitution through work or to hold a position of employment;
or

(b) Establish a basis for any cause of action against
the State or its officers or employees for denial of the ability to participate
in or for removal from a program of restitution through work or for denial of
or removal from a position of employment.

________

CHAPTER 19, SB 77

Senate Bill No. 77–Senator Wiener

CHAPTER 19

AN ACT relating to
public safety; requiring the driver of a vehicle entering or exiting a
controlled-access highway to yield to vehicles traveling on the highway; and
providing other matters properly relating thereto.

[Approved: March 27, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 484.322 is hereby amended to
read as follows:

484.322 [1.] The driver
of a vehicle about to enter or exit a controlled-access highway shall yield the
right-of-way to all vehicles approaching on the highway whose proximity
constitutes an immediate hazard and shall continue to yield the right-of-way to
that traffic until the driver may proceed with reasonable safety.

[2. A driver of a vehicle who has yielded the right-of-way as
required by subsection 1 may proceed to enter or exit the highway and the
drivers of all other vehicles approaching on the highway shall yield the
right-of-way to vehicles entering or exiting the highway.]

________

…………………………………………………………………………………………………………………

ê2003
Statutes of Nevada, Page 351ê

CHAPTER 20, AB 137

Assembly Bill No. 137–Committee on Government Affairs

CHAPTER 20

AN ACT relating to
the Office of the Governor; revising the requirements for the submission of a
report to the Governor and the Director of the Legislative Counsel Bureau
concerning the Bureau for Hospital Patients within the Office for Consumer
Health Assistance; and providing other matters properly relating thereto.

[Approved: April 1, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 223.575 is hereby amended to
read as follows:

223.575 1. The Bureau for Hospital Patients is hereby
created within the Office for Consumer Health Assistance in the Office of the
Governor.

2. The Director:

(a) Is responsible for the operation of the Bureau,
which must be easily accessible to the clientele of the Bureau.

(b) Shall appoint and supervise such additional employees
as are necessary to carry out the duties of the Bureau. The employees of the
Bureau are in the unclassified service of the State.

(c) [Shall]On or before February 1 of each year, shall submit
a written report [quarterly] to the Governor, and to the Director of the
Legislative [Committee on Health Care]Counsel Bureau concerning
the activities of the Bureau[,
including,]for
Hospital Patients for transmittal to the appropriate committee or committees of
the Legislature. The report must include, without limitation, the
number of complaints received by the Bureau, the number and type of disputes
heard, mediated, arbitrated or resolved through alternative means of dispute
resolution by the Director and the outcome of the mediation, arbitration or alternative
means of dispute resolution.

3. The Director may, upon request made by either
party, hear, mediate, arbitrate or resolve by alternative means of dispute
resolution disputes between patients and hospitals. The Director may decline to
hear a case that in his opinion is trivial, without merit or beyond the scope
of his jurisdiction. The Director may hear, mediate, arbitrate or resolve
through alternative means of dispute resolution disputes regarding:

(a) The accuracy or amount of charges billed to a
patient;

(b) The reasonableness of arrangements made pursuant to
paragraph (c) of subsection 1 of NRS 439B.260; and

(c) Such other matters related to the charges for care
provided to a patient as the Director determines appropriate for arbitration,
mediation or other alternative means of dispute resolution.

4. The decision of the Director is a final decision
for the purpose of judicial review.

5. Each hospital, other than federal and state
hospitals, with 49 or more licensed or approved hospital beds shall pay an
annual assessment for the support of the Bureau. On or before July 15 of each
year, the Director shall notify each hospital of its assessment for the fiscal
year. Payment of the assessment is due on or before
September 15.

assessment is due on or before September 15. Late payments
bear interest at the rate of 1 percent per month or fraction thereof.

6. The total amount assessed pursuant to subsection 5
for a fiscal year must be $100,000 adjusted by the percentage change between
January 1, 1991, and January 1 of the year in which the fees are assessed, in
the Consumer Price Index (All Items) published by the United States Department
of Labor.

7. The total amount assessed must be divided by the
total number of patient days of care provided in the previous calendar year by
the hospitals subject to the assessment. For each hospital, the assessment must
be the result of this calculation multiplied by its number of patient days of
care for the preceding calendar year.

AN ACT relating to
water; increasing the limit on the assessment for water distribution expenses
incurred by the State Engineer; and providing other matters properly relating
thereto.

[Approved: April 8, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 533.280 is hereby amended to
read as follows:

533.280 1. The State Engineer shall, between the
first Monday of October and the first Monday of December of each year, prepare
a budget of the amount of money estimated to be necessary to pay the expenses
of the stream system or each water district for the then current year.

2. The budget must show the following detail:

(a) The aggregate amount estimated to be necessary to
pay the expenses of the stream system or water district.

(b) The aggregate water rights in the stream system or
water district as determined by the State Engineer or the court.

(c) The unit charge necessary to provide the money
required.

(d) The charge against each water user, which must be
based upon the proportion which his water right bears to the aggregate water
rights in the stream system, but the minimum charge is $1.

3. When the stream system lies in more than one
county, a separate budget must be prepared for each county showing only the
claimants and charges assessable within the county.

4. When the stream system irrigates more than 200,000
acres of land, the assessment for water distribution expenses must not exceed [25]30 cents per
acre-foot of water decreed.

Sec. 2. This act becomes effective on July 1, 2003.

________

…………………………………………………………………………………………………………………

ê2003
Statutes of Nevada, Page 353ê

CHAPTER 22, SB 417

Senate Bill No. 417–Committee on Finance

CHAPTER 22

AN ACT relating to
elections; creating the Election Fund in the State Treasury to receive money
pursuant to the Help America Vote Act of 2002; prescribing conditions for the
receipt and use of money in the Fund; and providing other matters properly
relating thereto.

[Approved: April 25, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 293 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. As used in
this section, “Act” means the Help America Vote Act of 2002, Public Law
107-252.

2. The Election
Fund is hereby created as a special revenue fund in the State Treasury, to be
administered by the Secretary of State. The Secretary of State shall deposit
all money received pursuant to the Act and any state appropriation of matching
money pursuant to the Act in the Election Fund.

3. The
interest and income earned on money in the Election Fund must be credited to
the Fund. Any balance of the money that was received pursuant to the Act
remaining in the Election Fund at the end of a fiscal year does not revert and
must be carried forward to the next fiscal year and is continuously available
to the Secretary of State for expenditure consistent with this section.

4. The
Secretary of State may:

(a) Only expend
or disburse money in the Election Fund in accordance with the provisions of the
Act.

(b) Receive and
disburse money in the Election Fund by electronic transfer.

5. Claims
against the Election Fund must be paid as other claims against the State are
paid.

Sec. 2. 1. The Secretary of State is hereby
authorized to expend not more than $5,000,000 from the Election Fund created by
section 1 of this act for the purposes of implementing Title 1 of the Help
America Vote Act of 2002 (42 U.S.C. §§ 15301 to 15306).

2. Upon expenditure of the money authorized by subsection
1, the Secretary of State shall provide a report to the Interim Finance
Committee that provides a detailed accounting of the manner in which the money
was expended.

(1) A person who possesses some or all of the
powers of a peace officer;

(2) A person employed in a full-time salaried
occupation of fire fighting for the benefit or safety of the public;

(3) A member of a volunteer fire department;

(4) A jailer, guard, matron or other
correctional officer of a city or county jail;

(5) A justice of the supreme court, district
judge, justice of the peace, municipal judge, magistrate, court commissioner,
master or referee, including a person acting pro tempore in a capacity listed
in this subparagraph; or

(6) An employee of the State or a political
subdivision of the State whose official duties require him to make home visits.

(c) “Provider
of health care” means a physician, a physician assistant, a practitioner of
respiratory care, a homeopathic physician, an advanced practitioner of
homeopathy, a homeopathic assistant, an osteopathic physician, an osteopathic
physician’s assistant, a podiatric physician, a podiatry hygienist, a physical
therapist, a medical laboratory technician, an optometrist, a chiropractor, a
chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student
nurse, a certified nursing assistant, a nursing assistant trainee, a dentist, a
dental hygienist, a pharmacist, an intern pharmacist, an attendant on an
ambulance or air ambulance, a psychologist, a social worker, a marriage and
family therapist and an emergency medical technician.

(d)
“School employee” means a licensed or unlicensed person employed by a board of
trustees of a school district pursuant to NRS 391.100.

[(d)] (e) “Taxicab” has the meaning ascribed to it
in NRS 706.8816.

[(e)] (f) “Taxicab driver” means a person who
operates a taxicab.

[(f)] (g) “Transit operator” means a person who
operates a bus or other vehicle as part of a public mass transportation system.

2. A person convicted of an assault shall be punished:

(a) If paragraph (c) or (d) of this subsection does not
apply to the circumstances of the crime and the assault is not made with the
use of a deadly weapon, or the present ability to use a
deadly weapon, for a misdemeanor.

deadly weapon, or the present ability to use a deadly weapon,
for a misdemeanor.

(b) If the assault is made with the use of a deadly
weapon, or the present ability to use a deadly weapon, for a category B felony
by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 6 years, or by a fine of not more than
$5,000, or by both fine and imprisonment.

(c) If paragraph (d) of this subsection does not apply
to the circumstances of the crime and if the assault is committed upon an
officer, a provider of health
care, a school employee, a taxicab driver or a transit operator
who is performing his duty and the person charged knew or should have known
that the victim was an officer, a
provider of health care, a school employee, a taxicab driver or a transit operator, for a gross misdemeanor, unless
the assault is made with the use of a deadly weapon, or the present ability to
use a deadly weapon, then for a category B felony by imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum term of not
more than 6 years, or by a fine of not more than $5,000, or by both fine and
imprisonment.

(d) If the assault is committed upon an officer, a provider of health care, a
school employee, a taxicab driver or a transit operator who is performing his
duty, by a probationer, a prisoner who is in lawful custody or confinement or a
parolee, and the probationer, prisoner or parolee charged knew or should have
known that the victim was an officer, a provider of health care, a school employee, a taxicab driver or a transit operator, for a
category D felony as provided in NRS 193.130, unless the assault is made with
the use of a deadly weapon, or the present ability to use a deadly weapon, then
for a category B felony by imprisonment in the state prison for a minimum term
of not less than 1 year and a maximum term of not more than 6 years, or by a
fine of not more than $5,000, or by both fine and imprisonment.

Sec. 2.NRS
200.481 is hereby amended to read as follows:

200.481 1. As used in this section:

(a) “Battery” means any willful and unlawful use of
force or violence upon the person of another.

(b) “Child” means a person less than 18 years of age.

(c) “Officer” means:

(1) A person who possesses some or all of the
powers of a peace officer;

(2) A person employed in a full-time salaried
occupation of fire fighting for the benefit or safety of the public;

(3) A member of a volunteer fire department;

(4) A jailer, guard, matron or other
correctional officer of a city or county jail or detention facility;

(5) A justice of the Supreme Court, district
judge, justice of the peace, municipal judge, magistrate, court commissioner,
master or referee, including, without limitation, a person acting pro tempore
in a capacity listed in this subparagraph; or

(6) An employee of the State or a political
subdivision of the State whose official duties require him to make home visits.

(d) “Provider
of health care” has the meaning ascribed to it in NRS 200.471.

(e) “School
employee” means a licensed or unlicensed person employed by a board of trustees
of a school district pursuant to NRS 391.100.

[(e)](f) “Taxicab” has the meaning ascribed to it
in NRS 706.8816.

[(f)](g) “Taxicab driver” means a person who
operates a taxicab.

[(g)](h) “Transit operator” means a person who
operates a bus or other vehicle as part of a public mass transportation system.

2. Except as otherwise provided in NRS 200.485, a
person convicted of a battery, other thana battery committed by an
adult upon a child which constitutes child abuse, shall be punished:

(a) If the battery is not committed with a deadly
weapon, and no substantial bodily harm to the victim results, except under
circumstances where a greater penalty is provided in paragraph (d) or in NRS
197.090, for a misdemeanor.

(b) If the battery is not committed with a deadly
weapon, and substantial bodily harm to the victim results, for a category C
felony as provided in NRS 193.130.

(c) If the battery is committed upon an officer, provider of health care, school
employee, taxicab driver or transit operator and:

(1) The officer, provider of health care, school employee,
taxicab driver or transit operator was performing his duty;

(3) The person charged knew or should have known
that the victim was an officer,
provider of health care, school employee, taxicab driver or
transit operator,

for a category B felony by imprisonment in the state prison
for a minimum term of not less than 2 years and a maximum term of not more than
10 years, or by a fine of not more than $10,000, or by both fine and
imprisonment.

(d) If the battery is committed upon an officer, provider of health care, school
employee, taxicab driver or transit operator who is performing his duty and the
person charged knew or should have known that the victim was an officer, provider of health care, school
employee, taxicab driver or transit operator, for a gross misdemeanor, except
under circumstances where a greater penalty is provided in this section.

(e) If the battery is committed with the use of a
deadly weapon, and:

(1) No substantial bodily harm to the victim
results, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than 10
years,and may be further punished by a fine of not more than $10,000.

(2) Substantial bodily harm to the victim
results, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than 15
years, and may be further punished by a fine of not more than $10,000.

(f) If the battery is committed by a probationer, a
prisoner who is in lawful custody or confinement or a parolee, without the use
of a deadly weapon, whether or not substantial bodily harm results, for a
category B felony by imprisonment in the state prison for a minimum term of not
less than 1 year and a maximum term of not more than 6 years.

(g) If the battery is committed by a probationer, a
prisoner who is in lawful custody or confinement or a parolee, with the use of
a deadly weapon, and:

(1) No substantial bodily harm to the victim
results, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than 10
years.

(2) Substantial bodily harm to the victim
results, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than 15
years.

________

CHAPTER 24, AB 6

Assembly Bill No. 6–Committee on Health and Human
Services

CHAPTER 24

AN ACT relating to
children; changing the dates by which each mental health consortium is required
to prepare a recommended plan for the provision of mental health services to
certain children and submit the plan to the Department of Human Resources and
to the Legislative Committee on Children, Youth and Families; and providing
other matters properly relating thereto.

[Approved: April 30, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 433B.335 is hereby amended to
read as follows:

433B.335 1. On or before [January]July 1 of each year,
each mental health consortium established pursuant to NRS 433B.333 shall
prepare a recommended plan for the provision of mental health services to
emotionally disturbed children in the jurisdiction of the consortium.

2. In preparing the recommended plan, each mental
health consortium must be guided by the following principles:

(a) The system of mental health services set forth in
the plan should be centered on emotionally disturbed children and their
families, with the needs and strengths of those children and their families
dictating the types and mix of services provided.

(b) The families of emotionally disturbed children,
including, without limitation, foster parents, should be active participants in
all aspects of planning, selecting and delivering mental health services at the
local level.

(c) The system of mental health services should be
community-based and flexible, with accountability and the focus of the services
at the local level.

(d) The system of mental health services should provide
timely access to a comprehensive array of cost-effective mental health
services.

(e) Children and their families who are in need of
mental health services should be identified as early as possible through
screening, assessment processes, treatment and systems of support.

(f) Comprehensive mental health services should be made
available in the least restrictive but clinically appropriate environment.

(g) The family of an emotionally disturbed child should
be eligible to receive mental health services from the system.

(h) Mental health services should be provided to
emotionally disturbed children in a sensitive manner that is responsive to
cultural and gender-based differences and the special needs of the children.

3. The plan prepared pursuant to this section must
include:

(a) An assessment of the need for mental health
services in the jurisdiction of the consortium;

(b) A description of the types of services to be
offered to emotionally disturbed children based on the amount of money
available to pay the costs of such mental health services within the
jurisdiction of the consortium;

(c) Criteria for eligibility for those services;

(d) A description of the manner in which those services
may be obtained by eligible children;

(e) The manner in which the costs for those services
will be allocated;

(f) The mechanisms to manage the money provided for
those services;

(g) Documentation of the number of emotionally
disturbed children who are not currently being provided services, the costs to
provide services to those children, the obstacles to providing services to
those children and recommendations for removing those obstacles;

(h) Methods for obtaining additional money and services
for emotionally disturbed children from private and public entities; and

(i) The manner in which family members of eligible
children and other persons may be involved in the treatment of the children.

4. On or before [January]July 15 of each
year, each mental health consortium shall submit the recommended plan prepared
pursuant to this section to the Department. If the Department disapproves the
plan, the Department shall submit the plan to the consortium for revision and
resubmission to the Department.

5. On or before [January]August 15 of each
year, each mental health consortium shall submit the recommended plan prepared
pursuant to this section and, if
applicable, the revised plan prepared pursuant to subsection 4, to
the Legislative Committee on Children, Youth and Families established pursuant
to NRS 218.53723 and shall submit progress reports to the Legislative Committee
on Children, Youth and Families at the end of each calendar quarter.

Sec. 2. NRS 433B.335 is hereby amended to
read as follows:

433B.335 1. On or before [January]July 1 of each year,
each mental health consortium established pursuant to NRS 433B.333 shall
prepare a recommended plan for the provision of mental health services to
emotionally disturbed children in the jurisdiction of the consortium.

2. In preparing the recommended plan, each mental
health consortium must be guided by the following principles:

(a) The system of mental health services set forth in
the plan should be centered on emotionally disturbed children and their
families, with the needs and strengths of those children and their families
dictating the types and mix of services provided.

(b) The families of emotionally disturbed children,
including, without limitation, foster parents, should be active participants in
all aspects of planning, selecting and delivering mental health services at the
local level.

(c) The system of mental health services should be
community-based and flexible, with accountability and the focus of the services
at the local level.

(d) The system of mental health services should provide
timely access to a comprehensive array of cost-effective mental health
services.

(e) Children and their families who are in need of
mental health services should be identified as early as possible through
screening, assessment processes, treatment and systems of support.

(f) Comprehensive mental health services should be made
available in the least restrictive but clinically appropriate environment.

(g) The family of an emotionally disturbed child should
be eligible to receive mental health services from the system.

(h) Mental health services should be provided to emotionally
disturbed children in a sensitive manner that is responsive to cultural and
gender-based differences and the special needs of the children.

3. The plan prepared pursuant to this section must
include:

(a) An assessment of the need for mental health
services in the jurisdiction of the consortium;

(b) A description of the types of services to be
offered to emotionally disturbed children based on the amount of money
available to pay the costs of such mental health services within the
jurisdiction of the consortium;

(c) Criteria for eligibility for those services;

(d) A description of the manner in which those services
may be obtained by eligible children;

(e) The manner in which the costs for those services
will be allocated;

(f) The mechanisms to manage the money provided for
those services;

(g) Documentation of the number of emotionally
disturbed children who are not currently being provided services, the costs to
provide services to those children, the obstacles to providing services to
those children and recommendations for removing those obstacles;

(h) Methods for obtaining additional money and services
for emotionally disturbed children from private and public entities; and

(i) The manner in which family members of eligible
children and other persons may be involved in the treatment of the children.

4. On or before [January]July 15 of each
year, each mental health consortium shall submit the recommended plan prepared
pursuant to this section to the Department. If the Department disapproves the
plan, the Department shall submit the plan to the consortium for revision and
resubmission to the Department.

Sec. 3. 1. This section and section 1 of this act
become effective on October 1, 2003.

2. Section 1 of this act expires by limitation on June 30,
2005.

3. Section 2 of this act becomes effective at 12:01 a.m. on
July 1, 2005.

________

…………………………………………………………………………………………………………………

ê2003
Statutes of Nevada, Page 360ê

CHAPTER 25, AB 19

Assembly Bill No. 19–Assemblywoman Chowning

CHAPTER 25

AN ACT relating to
motor vehicles; providing for the issuance of “United We Stand” special license
plates; imposing a fee for the issuance and renewal of such license plates; and
providing other matters properly relating thereto.

[Approved: April 30, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 482 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in this subsection, the Department, in cooperation with the
State Emergency Response Commission, shall design, prepare and issue “United We
Stand” license plates to reflect public solidarity after the acts of terrorism
committed on September 11, 2001. The design of the license plates must include
the phrase “United We Stand” and incorporate an image of the flag of the United
States. The colors red, white and blue must be displayed on the license plates.
The Department shall not design, prepare or issue the license plates unless it
receives at least 1,000 applications for the issuance of those plates.

2. If the
Department receives at least 1,000 applications for the issuance of “United We
Stand” license plates, the Department shall issue those plates for a passenger
car or light commercial vehicle upon application by a person who is entitled to
license plates pursuant to NRS 482.265 and who otherwise complies with the
requirements for registration and licensing pursuant to this chapter. A person
may request that personalized prestige license plates issued pursuant to NRS
482.3667 be combined with “United We Stand” license plates if that person pays
the fees for the personalized prestige license plates in addition to the fees
for the “United We Stand” license plates pursuant to subsections 3 and 4.

3. The fee for
“United We Stand” license plates is $35, in addition to all other applicable
registration and license fees and governmental services taxes. The license
plates are renewable upon the payment of $10.

4. In addition
to all other applicable registration and license fees and governmental services
taxes and the fee prescribed in subsection 3, a person who requests a set of
“United We Stand” license plates must pay for the initial issuance of the
plates an additional fee of $25 and for each renewal of the plates an
additional fee of $20, to be used for the purposes set forth in NRS 414.135.

5. The
Department shall deposit the fees collected pursuant to subsection 4 with the
State Treasurer for credit to the Contingency Account for Hazardous Materials
created by NRS 459.735 in the State General Fund.

6. If, during
a registration year, the holder of license plates issued pursuant to the
provisions of this section disposes of the vehicle to which the plates are
affixed, the holder shall:

(a) Retain the
plates and affix them to another vehicle that meets the requirements of this
section if the holder pays the fee for the transfer of the registration and any
registration fee or governmental services tax due pursuant to NRS 482.399; or

(b) Within 30
days after removing the plates from the vehicle, return them to the Department.

Sec. 2. NRS 482.216 is hereby amended to read
as follows:

482.216 1. Upon the request of a new vehicle dealer,
the Department may authorize the new vehicle dealer to:

(a) Accept applications for the registration of the new
motor vehicles he sells and the related fees and taxes;

(b) Issue certificates of registration to applicants
who satisfy the requirements of this chapter; and

(c) Accept applications for the transfer of
registration pursuant to NRS 482.399 if the applicant purchased from the new
vehicle dealer a new vehicle to which the registration is to be transferred.

2. A new vehicle dealer who is authorized to issue
certificates of registration pursuant to subsection 1 shall:

(a) Transmit the applications he receives to the
Department within the period prescribed by the Department;

(b) Transmit the fees he collects from the applicants
and properly account for them within the period prescribed by the Department;

(c) Comply with the regulations adopted pursuant to
subsection 4; and

(d) Bear any cost of equipment which is necessary to
issue certificates of registration, including any computer hardware or
software.

3. A new vehicle dealer who is authorized to issue
certificates of registration pursuant to subsection 1 shall not:

(a) Charge any additional fee for the performance of
those services;

(b) Receive compensation from the Department for the
performance of those services;

(c) Accept applications for the renewal of registration
of a motor vehicle; or

(d) Accept an application for the registration of a
motor vehicle if the applicant wishes to:

(1) Obtain special license plates pursuant to
NRS 482.3667 to 482.3825, inclusive[;], and section 1 of this act; or

(2) Claim the exemption from the governmental
services tax provided pursuant to NRS 361.1565 to veterans and their relations.

4. The Director shall adopt such regulations as are
necessary to carry out the provisions of this section. The regulations adopted
pursuant to this subsection must provide for:

(a) The expedient and secure issuance of license plates
and decals by the Department; and

(b) The withdrawal of the authority granted to a new
vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the
regulations adopted by the Department.

Sec. 3. NRS 482.500 is hereby amended to read
as follows:

482.500 1. Except as otherwise provided in subsection
2 or 3, whenever upon application any duplicate or substitute certificate of
registration, decal or number plate is issued, the following fees must be paid:

For a certificate of registration........................................................................ $5.00

For every substitute number plate or set of plates......................................... 5.00

For every duplicate number plate or set of plates........................................ 10.00

For every decal displaying a county name......................................................
.50

For every other decal, license plate sticker or tab........................................... 5.00

2. The following fees must be paid for any replacement
plate or set of plates issued for the following special license plates:

(a) For any special plate issued pursuant to NRS
482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to
482.3816, inclusive, and section 1
of this act, a fee of $10.

(b) For any special plate issued pursuant to NRS
482.368, 482.3765, 482.377 or 482.378, a fee of $5.

(c) Except as otherwise provided in NRS 482.37937 and
482.37945, for any souvenir license plate issued pursuant to NRS 482.3825 or
sample license plate issued pursuant to NRS 482.2703, a fee equal to that
established by the Director for the issuance of those plates.

3. A fee must not be charged for a duplicate or
substitute of a decal issued pursuant to NRS 482.37635.

4. The fees which are paid for duplicate number plates
and decals displaying county names must be deposited with the State Treasurer
for credit to the Motor Vehicle Fund and allocated to the Department to defray
the costs of duplicating the plates and manufacturing the decals.

5. As used in this section:

(a) “Duplicate number plate” means a license plate or a
set of license plates issued to a registered owner which repeat the code of a
plate or set of plates previously issued to the owner to maintain his registration
using the same code.

(b) “Substitute number plate” means a license plate or
a set of license plates issued in place of a previously issued and unexpired
plate or set of plates. The plate or set of plates does not repeat the code of
the previously issued plate or set.

Sec. 4. NRS 459.735 is hereby amended to read
as follows:

459.735 1. The Contingency Account for Hazardous
Materials is hereby created in the State General Fund.

2. The Commission shall administer the Contingency
Account for Hazardous Materials [,] and , except as otherwise provided in subsection 4,
the money in the Account may be expended only for:

3. All money received by this state pursuant to 42
U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq. must be deposited with the
State Treasurer to the credit of the Contingency Account for Hazardous
Materials. In addition, all money received by the Commission from any source
must be deposited with the State Treasurer to the credit of the Contingency
Account for Hazardous Materials. The State Controller shall transfer from the
Contingency Account to the Operating Account of the State Fire Marshal such
money collected pursuant to chapter 477 of NRS as is authorized for expenditure
in the budget of the State Fire Marshal for use pursuant to paragraph (e) of
subsection 2.

4. Any
fees deposited with the State Treasurer for credit to the Contingency Account
for Hazardous Materials pursuant to subsection 5 of section 1 of this act must
be accounted for separately and must be expended solely to provide financial
assistance to this state or to local governments in this state to support
preparedness to combat terrorism, including, without limitation, planning,
training and purchasing supplies and equipment.

5.
Upon the presentation of budgets in the manner required by law, money to
support the operation of the Commission pursuant to this chapter, other than
its provision of grants, must be provided by direct legislative appropriation
from the State Highway Fund or other legislative authorization to the
Contingency Account for Hazardous Materials.

[5.]6. The interest and income earned on the
money in the Contingency Account for Hazardous Materials, after deducting any
applicable charges, must be credited to the Account.

[6.]7.All claims against the Contingency Account for Hazardous
Materials must be paid as other claims against the State are paid.

Sec. 5. On or before October 1, 2005, the Department
of Motor Vehicles shall determine and publicly declare the number of
applications it has received for the issuance of license plates pursuant to
section 1 of this act.

Sec. 6. The amendatory provisions of this act expire
by limitation on October 1, 2005, if on that date the Department of Motor
Vehicles has received fewer than 1,000 applications for the issuance of license
plates pursuant to section 1 of this act.

________

…………………………………………………………………………………………………………………

ê2003
Statutes of Nevada, Page 364ê

CHAPTER 26, AB 42

Assembly Bill No. 42–Committee on Judiciary

CHAPTER 26

AN ACT relating to
motor vehicles; requiring a driver of a motor vehicle to stop in obedience to
the direction or traffic control signal of a school crossing guard; prohibiting
the driver from proceeding until the highway is clear of all persons;
authorizing portable signs designating a school zone to be placed on a roadway
during certain hours; providing a penalty; and providing other matters properly
relating thereto.

[Approved: April 30, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 484 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The driver
of a vehicle:

(a) Shall stop
in obedience to the direction or traffic-control signal of a school crossing
guard; and

(b) Shall not
proceed until the highway is clear of all persons, including, without
limitation, the school crossing guard.

2. A person
who violates any of the provisions of this section is guilty of a misdemeanor.

3. As used in
this section, “school crossing guard” means a volunteer or paid employee of a
local authority, local law enforcement agency or school district whose duties
include assisting pupils to cross a highway.

Sec. 2. NRS 484.325 is hereby amended to read
as follows:

484.325 Except as otherwise provided in NRS 484.327 and 484.328 [:] and section 1 of this act:

1. When official traffic-control devices are not in
place or not in operation the driver of a vehicle shall yield the right-of-way,
slowing down or stopping if need be so to yield, to a pedestrian crossing the
highway within a crosswalk when the pedestrian is upon the half of the highway
upon which the vehicle is traveling, or when the pedestrian is approaching so
closely from the opposite half of the highway as to be in danger.

2. A pedestrian shall not suddenly leave a curb or
other place of safety and walk or run into the path of a vehicle which is so
close that it is impossible for the driver to yield.

3. Whenever a vehicle is stopped at a marked crosswalk
or at an unmarked crosswalk at an intersection, the driver of any other vehicle
approaching from the rear shall not overtake and pass the stopped vehicle until
the driver has determined that the vehicle being overtaken was not stopped for
the purpose of permitting a pedestrian to cross the highway.

4. Whenever signals exhibiting the words “Walk” or
“Don’t Walk” are in place, such signals indicate as follows:

(a) While the “Walk” indication is illuminated,
pedestrians facing the signal may proceed across the highway in the direction
of the signal and must be given the right-of-way by the drivers of all
vehicles.

(b) While the “Don’t Walk” indication is illuminated,
either steady or flashing, a pedestrian shall not start to cross the highway in
the direction of the signal, but any pedestrian who has partially completed his
crossing during the “Walk” indication shall proceed to a sidewalk, or to a
safety zone if one is provided.

(c) Whenever the word “Wait” still appears in a signal,
the indication has the same meaning as assigned in this section to the “Don’t
Walk” indication.

(d) Whenever a signal system provides a signal phase
for the stopping of all vehicular traffic and the exclusive movement of
pedestrians, and “Walk” and “Don’t Walk” indications control pedestrian
movement, pedestrians may cross in any direction between corners of the
intersection offering the shortest route within the boundaries of the
intersection when the “Walk” indication is exhibited, and when signals and
other official traffic-control devices direct pedestrian movement in the manner
provided in this section and in NRS 484.283.

Sec. 3. NRS 484.3665 is hereby amended to read as
follows:

484.3665 1. Each permanent sign which designates a
school zone or school crossing zone and the speed limit in that zone must be
uniform in size and color and must clearly designate the hours during which the
speed limit applies.

2. Each portable sign designating a school zone or school
crossing zone and the speed limit in the zone must be uniform in size and
color. A portable sign may be placed on or beside a roadway only during those hours when pupils
are arriving at and leaving regularly scheduled school sessions.

Sec. 4. This act becomes effective on July 1, 2003.

________

CHAPTER 27, AB 111

Assembly Bill No. 111–Committee on Health and Human
Services

CHAPTER 27

AN ACT relating to
dairy products; revising provisions relating to fees imposed by the State Dairy
Commission and the issuance of licenses and permits; revising provisions
concerning retention of certain records by pasteurizing plants; revising
provisions governing the processing and sale of milk and cream; requiring
disclosure of certain governmental actions against licensed distributors and
applicants for licensure as distributors; and providing other matters properly
relating thereto.

[Approved: April 30, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 584 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 to 5,
inclusive, of this act.

Sec. 2. “Dairy
foods manufacturing plant” means:

1. Any place,
structure or building where milk or other dairy products are received or
handled for manufacturing or prepared for distribution, or both;

2. When used
with regard to the production, transportation, grading or use of milk, any
plant that handles or purchases milk for manufacturing purposes; and

3. When used
with regard to licensing, permitting or other regulatory requirements, only
those plants that manufacture dairy products, including ice cream, butter,
natural cheese, processed cheese, dry milk products, dry whey, evaporated milk
products, condensed milk products and such other products for human consumption
as may otherwise be designated.

Sec. 3. “Single-service
plant” means a place, structure or building where a person engages in the
business of manufacturing a single-service container or closure for use by a
milk plant for the packaging of finished Grade A milk or milk products.

Sec. 4. A
dairy foods manufacturing plant shall not receive for sale, produce, sell,
offer for sale or have in storage any manufactured dairy product if the plant
does not possess a permit from the Commission. Such a permit is not
transferable.

Sec. 5. 1.
The Commission shall charge and collect the following annual fees:

(a) For a dairy that produces:

(1) One thousand gallons or less per day............................................ $75

(2) At least 1,001 but not more than 3,000
gallons per day............ 100

(3) More than 3,000 gallons per day................................................... 150

(b) For a milk plant that produces:

(1) Less than 2,000 gallons per day..................................................... 150

(2) At least 2,000 but not more than 10,000
gallons per day......... 300

(3) More than 10,000 gallons per day................................................. 500

2. The
Commission shall charge the following fees for the review of plans for dairies,
dairy foods manufacturing plants and milk plants:

(a) For a plan
for a new facility, $200 plus an amount equal to the fee for an annual permit
for a facility of that kind.

(b) For a plan
to remodel a facility which has a permit, $50 plus an amount equal to one-half
of the fee for an annual permit to operate the facility after the remodeling.

Sec. 6. NRS 584.001 is hereby amended to read
as follows:

584.001 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 584.005 and 584.007 , and sections 2 and 3 of this act
have the meanings ascribed to them in those sections.

Sec. 7. NRS 584.067 is hereby amended to read
as follows:

584.067 1. The Commission may adopt and enforce
regulations to carry out the provisions of this chapter.

(d) The manner in which information relating to costs
required of producers, distributors and retailers is determined and presented
to the Commission; and

(e) Classifying fluid milk products into [three]
separate classes.

Sec. 8. NRS 584.079 is hereby amended to read
as follows:

584.079 1. The Commission may refuse to grant any
license [herein]or permit provided in this chapter and may revoke or suspend any
such license or permit as
the case may require when it is satisfied that [any applicant or]an applicant, a licensee
or a permit holder has
violated any provision of this chapter, but no order may be made refusing,
revoking or suspending any license
or permit except after hearing upon at least 10 days’ notice to
the applicant [or licensee.] , licensee or permit holder, as appropriate.

2. The decision may include an order refusing,
revoking or suspending the license or
permit applied for or held by the respondent, or fixing such
other conditional and probationary orders as may be proper for the enforcement
of this chapter.

3. After any decision, including any conditional or
probationary orders, should the respondent fail, refuse or neglect to comply
with any such orders, the Commission may suspend or revoke the license or permit in accordance
with the procedure provided in this section.

4. Previous violation by any applicant or by any
person connected with the applicant of any provision of this chapter is ground
for denial, revocation or suspension of a license[.] or permit.

Sec. 9. NRS 584.145 is hereby amended to read
as follows:

584.145 Pasteurizing plants [shall]must be equipped
with a self-registering device for [record of]recording the time
and temperature of pasteurizing. Such a record [shall]must be kept for [2]at least 6 months
and [shall]must be available for inspection by any health
officer or person charged with the enforcement of NRS 584.110 to 584.160,
inclusive.

Sec. 10. NRS 584.250 is hereby amended to
read as follows:

584.250 All cream sold in the State of Nevada on the
basis of the richness or the percentage of milk fat contained therein must be
tested by the Babcock test[,
using a procedure] or any other testing equipment or procedures
approved by the Commission.

Sec. 11. NRS 584.595 is hereby amended to
read as follows:

584.595 1. No distributor may deal in fluid milk, fluid
cream or any other dairy product without first having obtained a license from
the Commission.

2. The license required by this section is in addition
to any license otherwise required by law.

3. Application for a license must be made on forms
prescribed by the Commission, accompanied by a fee of $25 and must state the
name and address of the applicant and such details as to the nature of the
applicant’s business as the Commission may require. The applicant [shall]must satisfy the
Commission:

(a) Of the applicant’s good faith, character and
responsibility in seeking to carry on the business stated in the application. The applicant shall furnish the
Commission with information regarding all civil or criminal actions brought by
any governmental agency against the applicant, or any member of the senior
management of the applicant, within the most recent 10 years, where the
character or reputation for honesty, competence or integrity of the applicant or any member of the senior management of the
applicant was brought into question, regardless of whether the action resulted
in a reprimand, fine, penalty or conviction.

the applicant or
any member of the senior management of the applicant was brought into question,
regardless of whether the action resulted in a reprimand, fine, penalty or
conviction.

(b) That the applicant has complied with the provisions
of this chapter and the regulations adopted by the Commission.

4. Licenses must be issued for a 12-month period [of 12 months]
from the 1st day of each year or for the remainder of the calendar year from
the date of issuance. A license issued
pursuant to this section is not transferable.

5. Application for renewal of a license for the
following year by a licensee, accompanied by the fee of $25, must be submitted
to the Commission before the expiration date of the license held, and if not so
made, the applicant shall pay an additional sum equal to the application fee
before the license may be issued.

6. Application for an amendment to an existing license
must be accompanied by a fee of $25 and made upon forms prescribed by the
Commission.

7. If a
civil or criminal action is brought by any governmental agency against a
licensee, or any member of the senior management of the licensee, where the
character or reputation for honesty, competence or integrity of the licensee or
any member of the senior management of the licensee is brought into question,
the licensee shall immediately notify the Commission and provide the Commission
with information regarding that action.

Sec. 12. NRS 584.649 is hereby amended to
read as follows:

584.649 1. The Commission may lower the rate of any
assessment required to be paid under NRS 584.647 or 584.648, whenever it finds
that the cost of administering the provisions of this chapter can be defrayed
from revenues derived from the lower rates.

2. A distributor shall pay the amount of the
assessment to the Commission on or before the [15th]20th of the month
following the month during which the fluid milk ,[or]
fluid cream ,[was
received or the] butter or fresh dairy product was
distributed. If the payment is
sent by mail, it is subject to the provisions of NRS 238.100. If
the assessment for the month is less than $3, the distributor may delay payment
for 3 months or until the cumulative assessments are $3 or more, whichever
occurs first.

3. If payments of assessments are not made as provided
in subsection 2, the Commission shall charge, as a penalty for the late
payment, the amount of $10 or 10 percent of the total amount due but remaining
unpaid, whichever is greater.

________

…………………………………………………………………………………………………………………

ê2003 Statutes
of Nevada, Page 369ê

CHAPTER 28, AB 139

Assembly Bill No. 139–Committee on Commerce and Labor

CHAPTER 28

AN ACT relating to
utilities; exempting certain public utilities from provisions governing stocks,
security transactions, mergers, acquisitions, changes in control, and disposal
or encumbrance of property; and providing other matters properly relating
thereto.

[Approved: April 30, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 704.328
is hereby amended to read as follows:

704.328 The provisions of NRS 704.322 to 704.326,
inclusive, shall not apply to any public utility engaged in [interstate]:

1. Interstate
commerce if 25 percent or more of the operating revenues of such
public utility are derived from interstate commerce.

2. The
business of furnishing, for compensation, water or services for the disposal of
sewage, or both, to persons within this state if the utility:

(a) Serves
15 persons or less; and

(b) Operates
in a county whose population is 400,000 or more.

Sec. 2. NRS 704.329 is hereby amended to
read as follows:

704.329 1. Except as otherwise provided in subsection
6, a person shall not merge with, directly acquire, indirectly acquire through
a subsidiary or affiliate, or otherwise directly or indirectly obtain control
of a public utility doing business in this state or an entity that holds a
controlling interest in such a public utility without first submitting to the
Commission an application for authorization of the proposed transaction and
obtaining authorization from the Commission.

2. Any transaction that violates the provisions of
this section is void and unenforceable and is not valid for any purpose.

3. Before authorizing a proposed transaction pursuant
to this section, the Commission shall consider the effect of the proposed
transaction on the public interest and the customs in this state. The
Commission shall not authorize the proposed transaction unless the Commission
finds that the proposed transaction:

(a) Will be in the public interest; and

(b) Complies with the provisions of NRS 704.7561 to
704.7595, inclusive, if the proposed transaction is subject to those
provisions.

4. The Commission may base its authorization of the
proposed transaction upon such terms, conditions or modifications as the
Commission deems appropriate.

5. If the Commission does not issue a final order
regarding the proposed transaction within 180 days after the date on which an
application or amended application for authorization of the proposed
transaction was filed with the Commission, and the proposed transaction is not
subject to the provisions of NRS 704.7561 to 704.7595, inclusive, the proposed
transaction shall be deemed to be authorized by the Commission.

(a) The transfer of stock of a public utility doing
business in this state or to the transfer of the stock of an entity that holds
a controlling interest in such a public utility, if a transfer of not more than
25 percent of the common stock of such a public utility or entity is proposed.

(b) Except as otherwise provided in this paragraph, a
proposed transaction involving a public utility doing business in this state
providing telecommunication services or an entity that holds a controlling
interest in such a public utility if, in the most recently completed calendar
year, not more than 10 percent of the gross operating revenue of the public
utility or the entity that holds a controlling interest in the public utility
was derived from intrastate telecommunication services provided to retail
customers in this state by the public utility. Such a proposed transaction is
not exempted from the provisions of this section if:

(1) Not later than 30 days after the date on
which the person undertaking the proposed transaction submits the notification
required by 15 U.S.C. § 18a, the regulatory operations staff of the Commission
or the Consumer’s Advocate requests an order from the Commission requiring the
person to file an application for authorization of the proposed transaction;

(2) The request alleges in sufficient detail
that the proposed transaction may materially affect retail customers of public
utilities in this state; and

(3) The Commission issues an order requiring the
person to file an application for authorization of the proposed transaction.

(c) A
public utility engaged in the business of furnishing, for compensation, water
or services for the disposal of sewage, or both, to persons within this state
if the utility:

(1)
Serves 15 persons or less; and

(2)
Operates in a county whose population is 400,000 or more.

7. As used in this section:

(a) “Person” means:

(1) A natural person;

(2) Any form of business or social organization
and any other nongovernmental legal entity, including, without limitation, a
corporation, partnership, association, trust or unincorporated organization;

(3) A government or an agency or instrumentality
of a government, including, without limitation, this state or an agency or
instrumentality of this state; and

(4) A political subdivision of this state or of
any other government or an agency or instrumentality of a political subdivision
of this state or of any other government.

(b) “Transaction” means a merger, acquisition or change
in control described in subsection 1.

Sec. 3. NRS 704.668 is hereby amended to
read as follows:

704.668 1. It is unlawful for any public utility
which serves 3,000 or fewer persons and furnishes water or services for the
disposal of sewage, or both, to:

any or all of its real property or goods, including fixtures,
or any combination thereof which are necessary in the present or future
performance of its duties to the public regarding water or sewage without first
obtaining approval from the Commission which authorizes
the public utility to do so.

the Commission which authorizes the public utility to do so.
This limitation applies to any interest in real property, including, without
limitation, easements and water rights.

2. Any such action:

(a) Which is not taken in accordance with the approval
of the Commission; or

(b) Which is taken without obtaining the approval from
the Commission,

is void.

3. If the public utility is disposing of all of its
real property and goods, the Commission shall hold a public hearing on the
matter before determining whether to approve the disposal.

4. The Commission shall adopt regulations which set
forth the types and quantities of property and goods that are necessary in the
performance of the duties of the various classes of public utilities.

5. The provisions of this section are not intended to
limit the regulatory authority of the Commission granted in other sections of
this chapter.

6. The
provisions of this section do not apply to a public utility engaged in the
business of furnishing, for compensation, water or services for the disposal of
sewage, or both, to persons within this state if the utility:

(a) Serves
15 persons or less; and

(b) Operates
in a county whose population is 400,000 or more.

Sec. 4. This act becomes effective upon passage and
approval.

________

CHAPTER 29, AB 140

Assembly Bill No. 140–Committee on Commerce and Labor

CHAPTER 29

AN ACT relating to
industrial insurance; prohibiting the failure to comply with an order issued by
the Administrator of the Division of Industrial Relations of the Department of
Business and Industry to cease all business operations at a place of employment
or jobsite; providing a penalty; and providing other matters properly relating
thereto.

[Approved: April 30, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 616D of NRS is hereby
amended by adding thereto a new section to read as follows:

1. A person
shall not knowingly fail to comply with an order issued by the Administrator
pursuant to NRS 616D.110 to cease immediately all business operations at a
place of employment or jobsite.

2. A person
who is convicted of violating the provisions of subsection 1 is guilty of a
misdemeanor.

3. A criminal
penalty imposed pursuant to this section is in addition to any civil penalty or
other remedy available pursuant to another statute.

________

…………………………………………………………………………………………………………………

ê2003
Statutes of Nevada, Page 372ê

CHAPTER 30, AB 145

Assembly Bill No. 145–Committee on Commerce and Labor

CHAPTER 30

AN ACT relating to
utilities; revising the procedure for the distribution of assessments collected
on behalf of the Consumer’s Advocate of the Bureau of Consumer Protection in
the Office of the Attorney General; and providing other matters properly
relating thereto.

[Approved: April 30, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 704.035 is hereby amended to
read as follows:

704.035 1. On or before June 1 of each year, the
Commission shall mail revenue report forms to all public utilities, providers
of discretionary natural gas service and alternative sellers under its
jurisdiction, to the address of those utilities, providers of discretionary
natural gas service and alternative sellers on file with the Commission. The
revenue report form serves as notice of the Commission’s intent to assess such
entities, but failure to notify any such entity does not invalidate the
assessment with respect thereto.

2. Each public utility, provider of discretionary
natural gas service and alternative seller subject to the provisions of NRS
704.033 shall complete the revenue report referred to in subsection 1, compute
the assessment and return the completed revenue report to the Commission
accompanied by payment of the assessment and any penalty due, pursuant to the
provisions of subsection 5.

3. The assessment is due on July 1 of each year, but
may, at the option of the public utility, provider of discretionary natural gas
service and alternative seller, be paid quarterly on July 1, October 1, January
1 and April 1.

4. The assessment computed by the public utility, provider of discretionary
natural gas service or alternative seller is subject to review and audit by the
Commission, and the amount of the assessment may be adjusted by the Commission
as a result of the audit and review.

5. Any public utility, provider of discretionary
natural gas service or alternative seller failing to pay the assessment
provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or
before August 1, October 1, January 1 or April 1, shall pay, in addition to
such assessment, a penalty of 1 percent of the total unpaid balance for each
month or portion thereof that the assessment is delinquent, or $10, whichever
is greater, but no penalty may exceed $1,000 for each delinquent payment.

6. When a public utility, provider of discretionary
natural gas service or alternative seller sells, transfers or conveys
substantially all of its assets or, if applicable, its certificate of public
convenience and necessity, the Commission shall determine, levy and collect the
accrued assessment for the current year not later than 30 days after the sale,
transfer or conveyance, unless the transferee has assumed liability for the
assessment. For purposes of this subsection, the jurisdiction of the Commission
over the selling, transferring or conveying public
utility, provider of discretionary natural gas service or alternative seller
continues until it has paid the assessment.

transferring or conveying public utility, provider of
discretionary natural gas service or alternative seller continues until it has
paid the assessment.

7. The Commission may bring an appropriate action in
its own name for the collection of any assessment and penalty which is not paid
as provided in this section.

8. The Commission shall, [on a quarterly basis,]upon collection, transfer
to the Account for the Consumer’s Advocate that portion of the assessments
collected which belongs to the Consumer’s Advocate.

Sec. 2. This act becomes effective on July 1, 2003.

________

CHAPTER 31, AB 177

Assembly Bill No. 177–Committee on Transportation

CHAPTER 31

AN ACT relating to
motor vehicles; revising provisions relating to the issuance to certain
disabled persons of special license plates, placards and stickers; revising the
period within which the holder of a valid registration must notify the Department
of Motor Vehicles of a change of name or residence address; revising provisions
relating to the issuance of duplicate number plates and substitute number
plates; revising provisions relating to submission to the Department, at the
time of registering a vehicle, of evidence of automobile liability insurance;
and providing other matters properly relating thereto.

[Approved: April 30, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 482 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 to 7,
inclusive, of this act.

Sec. 2. As
used in NRS 482.3835 and 482.384 and sections 4, 5 and 6 of this act, unless
the context otherwise requires, the words and terms defined in NRS 482.3835 and
sections 4, 5 and 6 of this act have the meanings ascribed to them in those
sections.

Sec. 3. “Duplicate
number plate” means a license plate or a set of license plates issued to a
registered owner which repeats the code of a plate or set of plates previously
issued to the owner to maintain his registration using the same code.

Sec. 4. “Person
with a disability of moderate duration” means a person:

1. With a
disability which limits or impairs the ability to walk; and

2. Whose
disability has been certified by a licensed physician as being reversible, but
estimated to last longer than 6 months.

Sec. 5. “Person
with a permanent disability” means a person:

1. With a
disability which limits or impairs the ability to walk; and

2. Whose
disability has been certified by a licensed physician as irreversible.

2. Whose
disability has been certified by a licensed physician as estimated to last not
longer than 6 months.

Sec. 7. “Substitute
number plate” means a license plate or a set of license plates issued in place
of a previously issued and unexpired plate or set of plates. The plate or set
of plates does not repeat the code of the previously issued plate or set.

Sec. 8. NRS 482.010 is hereby amended to read
as follows:

482.010 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 482.011 to 482.137,
inclusive, and sections 3 and 7 of
this act have the meanings ascribed to them in those sections.

Sec. 9. NRS 482.215 is hereby amended to read
as follows:

482.215 1. All applications for registration, except
applications for renewal of registration, must be made as provided in this
section.

2. Except as otherwise provided in NRS 482.294,
applications for all registrations, except renewals of registration, must be
made in person, if practicable, to any office or agent of the Department or to
a registered dealer.

3. Each application must be made upon the appropriate
form furnished by the Department and contain:

(a) The signature of the owner, except as otherwise
provided in subsection 2 of NRS 482.294, if applicable.

(b) His residential address.

(c) His declaration of the county where he intends the
vehicle to be based, unless the vehicle is deemed to have no base. The
Department shall use this declaration to determine the county to which the
governmental services tax is to be paid.

(d) A brief description of the vehicle to be
registered, including the name of the maker, the engine, identification or serial
number, whether new or used, and the last license number, if known, and the
state in which it was issued, and upon the registration of a new vehicle, the
date of sale by the manufacturer or franchised and licensed dealer in this
state for the make to be registered to the person first purchasing or operating
the vehicle.

(e) [Proof satisfactory to the Department or registered dealer
that]Except
as otherwise provided in this paragraph, if the applicant is not an owner of a
fleet of vehicles or a person described in subsection 5, a declaration signed
by the applicant that
he has provided the insurance required by NRS 485.185 and[, except as otherwise
provided in this paragraph, his signed declaration that he]
will maintain the insurance during the period of registration. If the
application is submitted by electronic means pursuant to NRS 482.294, the
applicant is not required to sign the declaration required by this paragraph.

(f) If the [insurance is provided by
a contract of insurance,]applicant is an owner of a fleet of vehicles or a person
described in subsection 5, evidence of [that insurance provided
by the insurer in the form of:

(1) A]insurance:

(1)
In the form of a certificate of insurance on a form approved by
the Commissioner of Insurance; [or

(2) A]

(2)
In the form of a card issued pursuant to NRS 690B.023 which
identifies the vehicle and indicates, at the time of application for
registration, coverage which meets the requirements of NRS 485.185[.] ; or

(a) Vehicles which are subject to the fee for a license
and the requirements of registration of the Interstate Highway User Fee
Apportionment Act, and which are based in this state, may be declared as a
fleet by the registered owner thereof[,]
on his original application for or application for renewal of a proportional
registration. The owner may file a single certificate of insurance covering
that fleet.

(b) Other fleets composed of 10 or more vehicles based
in this state or vehicles insured under a blanket policy which does not
identify individual vehicles may each be declared annually as a fleet by the
registered owner thereof for the purposes of an application for his original or
any renewed registration. The owner may file a single certificate of insurance
covering that fleet.

(c) A person who qualifies as a self-insurer pursuant
to the provisions of NRS 485.380 may file a copy of his certificate of
self-insurance.

(d) A person who qualifies for an operator’s policy of
liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may
file evidence of that insurance.

Sec. 10. NRS 482.283 is hereby amended to
read as follows:

482.283 Each holder of a valid registration, upon changing
his name or place of
residence, shall notify the Department of [such]the change within [10
days thereof]30
days after the change and shall include in [such]the notice both the
old and new names and residence
addresses.

Sec. 11. NRS 482.285 is hereby amended to
read as follows:

482.285 1. If any certificate of registration or
certificate of [ownership]title is lost, mutilated or illegible, the
person to whom it was issued shall immediately make application for and obtain
a duplicate or substitute therefor upon furnishing information satisfactory to
the Department and upon payment of the required fees.

2. If any license plate or plates or any decal is
lost, mutilated or illegible, the person to whom it was issued shall
immediately make application for and obtain [a]:

(a) A duplicate
number plate or a substitute [therefor
upon:

(a) Furnishing]number plate;

(b) A
substitute decal; or

(c) A
combination of both (a) and (b),

as appropriate,
upon furnishing information satisfactory to the Department[; and

(b) Payment]and payment of the
fees required by NRS 482.500.

3.
If any license plate or plates or
any decal is stolen, the person to whom it was issued shall immediately make
application for and obtain:

(a) A
substitute number plate;

(b) A
substitute decal; or

(c) A
combination of both (a) and (b),as
appropriate, upon furnishing information satisfactory to the Department and
payment of the fees required by NRS 482.500.

as appropriate,
upon furnishing information satisfactory to the Department and payment of the
fees required by NRS 482.500.

4. The
Department shall issue duplicate number
plates or substitute number
plates and, if
applicable, a substitute decal, if the applicant:

(a) Returns the mutilated or illegible plates to the
Department or [certifies under oath]signs a declaration that
the plates were lost , mutilated or
[stolen;]illegible; and

(b) [Makes]Complies with the provisions of subsection 6.

5. The
Department shall issue substitute number plates and, if applicable, a
substitute decal, if the applicant:

(a) Signs
a declaration that the plates were stolen; and

(b) Complies
with the provisions of subsection 6.

6. Except
as otherwise provided in this subsection, an applicant who desires duplicate
number plates or substitute number plates must make application
for renewal of registration. Credit must be allowed for the portion of the
registration fee and governmental services tax attributable to the remainder of
the current registration period.
In lieu of making application for renewal of registration, an applicant may
elect to make application solely for:

(a) Duplicate
number plates or substitute number plates, and a substitute decal, if the
previous license plates were lost, mutilated or illegible; or

(b) Substitute
number plates and a substitute decal, if the previous license plates were
stolen.

7. An
applicant who makes the election described in subsection 6 retains his current
date of expiration for the registration of the applicable vehicle and is not,
as a prerequisite to receiving duplicate number plates or substitute number
plates or a substitute decal, required to:

(a) Submit
evidence of compliance with controls over emission; or

(b) Pay the
registration fee and governmental services tax attributable to a full 12-month
period of registration.

Sec. 12. NRS 482.3835 is hereby amended to
read as follows:

482.3835 [As used in NRS 482.384,
unless the context otherwise requires, “person]“Person with a disability
which limits or impairs the ability to walk” means a person who:

1. Cannot walk 200 feet without stopping to rest;

2. Cannot walk without the use of a brace, cane,
crutch, wheelchair or prosthetic or other assistive device, or another person;

3. Is restricted by a lung disease to such an extent
that the person’s forced expiratory volume for 1 second, when measured by a
spirometer, is less than 1 liter, or the arterial oxygen tension is less than
60 millimeters of mercury on room air while the person is at rest;

4. Uses portable oxygen;

5. Has a cardiac condition to the extent that the
person’s functional limitations are classified in severity as a Class III or
Class IV according to standards adopted by the American Heart Association;

6. Is visually handicapped; or

7. Is severely limited in his ability to walk because of an
arthritic, neurological or orthopedic condition.

Sec. 13. NRS 482.384 is hereby amended to
read as follows:

482.384 1. Upon the application of a person with a permanent disability ,[which limits or impairs
the ability to walk,] the Department may issue special license plates for a vehicle, including a
motorcycle, registered by the applicant pursuant to this chapter.

issue special license plates for a vehicle, including a
motorcycle, registered by the applicant pursuant to this chapter. [Except
as otherwise provided in subsection 2, the]The application must
include a statement from a licensed physician certifying that the applicant is
a person with a permanent
disability .[which
limits or impairs the ability to walk.] The issuance of a
special license plate to a person
with a permanent disability pursuant to this subsection does not
preclude the issuance to such a
person of a special parking placard for a vehicle other than a
motorcycle or a special parking sticker for a motorcycle pursuant to subsection
6.

2. Every [second]
year after the initial issuance of special license plates to a person [who
the Department determines is not permanently disabled,]with a permanent disability, the
Department shall require the person[, when he applies] to renew his special
license plates[,
to include with his application a statement from a licensed physician
certifying that the applicant is a person with a disability which limits or
impairs the ability to walk.]in accordance with the procedures for renewal of
registration pursuant to this chapter. The Department shall not
require a person [who it determines is permanently disabled]with a permanent disability to
include [such a statement] with his application
for renewal[.] a statement from a licensed physician
certifying that the person is a person with a permanent disability.

3. Upon the application of an organization which
provides transportation for a person with a permanent disability [which limits or impairs
the ability to walk,], disability of moderate duration or temporary disability, the
Department may issue special license plates for a vehicle registered by the organization
pursuant to this chapter[.] ,or the Department may issue special parking placards to the
organization pursuant to this section to be used on vehicles providing
transportation to such persons. The application must include a
statement from the organization certifying that [the]:

(a) The vehicle
for which the special license
plates are issued is used primarily to transport persons with permanent disabilities [which
limit or impair the ability to walk.] , disabilities of moderate duration or temporary
disabilities; or

(b) The
organization which is issued the special parking placards will only use such
placards on vehicles that actually transport persons with permanent
disabilities, disabilities of moderate duration or temporary disabilities.

4. The Department may charge a fee for special license
plates issued pursuant to this section not to exceed the fee charged for the
issuance of license plates for the same class of vehicle.

5. Special license plates issued pursuant to this
section must display the international symbol of access in a color which
contrasts with the background and is the same size as the numerals and letters
on the plate.

6. Upon the application of a person with a permanent disability [which
limits or impairs the ability to walk,]or disability of moderate duration, the
Department may issue:

(a) A special parking placard for a vehicle other than
a motorcycle. Upon request, the Department may issue one additional placard to
an applicant to whom special license plates have not been issued pursuant to
this section.

The application must include a statement from a licensed
physician certifying that the applicant is a person with a permanent disability [which limits or impairs
the ability to walk.] or disability of moderate duration.

7. A special parking placard issued pursuant to
subsection 6 must:

(a) Have inscribed on it the international symbol of
access which is at least 3 inches in height, is centered on the placard and is
white on a blue background;

(b) Have an identification number and date of
expiration[;] of:

(1)
If the special parking placard is issued to a person with a permanent
disability, 10 years after the initial date of issuance; or

(2)
If the special parking placard is issued to a person with a disability of
moderate duration, 2 years after the initial date of issuance;

(c) Have placed or inscribed on it the seal or other
identification of the Department; and

(d) Have a form of attachment which enables a person
using the placard to display the placard from the rearview mirror of the
vehicle.

8. A special parking sticker issued pursuant to
subsection 6 must:

(a) Have inscribed on it the international symbol of
access which complies with any applicable federal standards, is centered on the
sticker and is white on a blue background;

(b) Have an identification number and a date of
expiration[;]of:

(1)
If the special parking sticker is issued to a person with a permanent
disability, 10 years after the initial date of issuance; or

(2)
If the special parking sticker is issued to a person with a disability of
moderate duration, 2 years after the initial date of issuance; and

(c) Have placed or inscribed on it the seal or other
identification of the Department.

9. Before
the date of expiration of a special parking placard or special parking sticker
issued to a person with a permanent disability or disability of moderate
duration, the person shall renew his special parking placard or special parking
sticker. If the applicant for renewal is a person with a disability of moderate
duration, the applicant must include with his application for renewal a
statement from a licensed physician certifying that the applicant is a person
with a disability which limits or impairs the ability to walk, and that such
disability, although not irreversible, is estimated to last longer than 6
months. A person with a permanent disability is not required to submit evidence
of a continuing disability with his application for renewal.

10.
The Department, or a city or county, may issue, and charge a reasonable fee
for, a temporary parking placard for a vehicle other than a motorcycle or a
temporary parking sticker for a motorcycle upon the application of a person
with a temporary disability .[which limits or impairs the ability to walk.]
Upon request, the Department, city or county may issue one additional temporary
parking placard to an applicant. The application must include a certificate
from a licensed physician indicating:

(a) That the applicant has a temporary disability ;[which limits or impairs
the ability to walk;] and

(a) Have inscribed on it the international symbol of
access which is at least 3 inches in height, is centered on the placard and is
white on a red background; and

(b) Have a form of attachment which enables a person
using the placard to display the placard from the rearview mirror of the
vehicle.

[11.] 12. A temporary parking sticker issued
pursuant to subsection [9]10 must have inscribed on it the international
symbol of access which is at least 3 inches in height, is centered on the
sticker and is white on a red background.

[12.] 13. A temporary parking placard or temporary
parking sticker is valid only for the period for which a physician has
certified the disability, but in no case longer than 6 months.

[13.] If the temporary disability continues after the period for
which the physician has certified the disability, the person with the temporary
disability must renew the temporary parking placard or temporary parking
sticker before the temporary parking placard or temporary parking sticker
expires. The person with the temporary disability shall include with his
application for renewal a statement from a licensed physician certifying that
the applicant continues to be a person with a temporary disability and the
estimated period of the disability.

14.
A special or temporary parking placard must be displayed in the vehicle when
the vehicle is parked by hanging or attaching the placard to the rearview
mirror of the vehicle. If the vehicle has no rearview mirror, the placard must
be placed on the dashboard of the vehicle in such a manner that the placard can
easily be seen from outside the vehicle when the vehicle is parked.

[14.] 15. A special or temporary parking sticker
must be affixed to the windscreen of the motorcycle. If the motorcycle has no
windscreen, the sticker must be affixed to any other part of the motorcycle
which may be easily seen when the motorcycle is parked.

[15.] 16. Special or temporary parking placards,
special or temporary parking stickers, or special license plates issued
pursuant to this section do not authorize parking in any area on a highway
where parking is prohibited by law.

[16.] 17. No person, other than the person
certified as being a person with a permanent
disability [which limits or impairs the ability to walk,], disability of moderate duration
or temporary disability, or a person actually transporting such a
person, may use the special license plates or a special or temporary parking
placard, or a special or temporary parking sticker issued pursuant to this
section to obtain any special parking privileges available pursuant to this
section.

[17.] 18. Any person who violates the provisions
of subsection [16]17 is guilty of a misdemeanor.

[18.] 19. The Department may review the
eligibility of each holder of a special parking placard, a special parking
sticker or special license plates, or any combination thereof. Upon a
determination of ineligibility by the Department, the holder shall surrender
the special parking placard, special parking sticker or special license plates,
or any combination thereof, to the Department.

[19.] 20. The Department may adopt such
regulations as are necessary to carry out the provisions of this section.

482.500 1. Except as otherwise provided in subsection
2 or 3, whenever upon application any duplicate or substitute certificate of
registration, decal or number plate is issued, the following fees must be paid:

For a certificate of registration........................................................................ $5.00

For every substitute number plate or set of plates......................................... 5.00

For every duplicate number plate or set of plates........................................ 10.00

For every decal displaying a county name......................................................
.50

For every other decal, license plate sticker or tab........................................... 5.00

2. The following fees must be paid for any replacement
plate or set of plates issued for the following special license plates:

(a) For any special plate issued pursuant to NRS 482.3667,
482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816,
inclusive, a fee of $10.

(b) For any special plate issued pursuant to NRS
482.368, 482.3765, 482.377 or 482.378, a fee of $5.

(c) Except as otherwise provided in NRS 482.37937 and
482.37945, for any souvenir license plate issued pursuant to NRS 482.3825 or
sample license plate issued pursuant to NRS 482.2703, a fee equal to that
established by the Director for the issuance of those plates.

3. A fee must not be charged for a duplicate or
substitute of a decal issued pursuant to NRS 482.37635.

4. The fees which are paid for duplicate number plates
and decals displaying county names must be deposited with the State Treasurer
for credit to the Motor Vehicle Fund and allocated to the Department to defray
the costs of duplicating the plates and manufacturing the decals.

[5. As used in this section:

(a) “Duplicate
number plate” means a license plate or a set of license plates issued to a
registered owner which repeat the code of a plate or set of plates previously
issued to the owner to maintain his registration using the same code.

(b) “Substitute
number plate” means a license plate or a set of license plates issued in place
of a previously issued and unexpired plate or set of plates. The plate or set
of plates does not repeat the code of the previously issued plate or set.]

Sec. 15. Chapter 484 of NRS is hereby amended
by adding thereto the provisions set forth as sections 16, 17 and 18 of this
act.

Sec. 16. “Person with a disability of moderate duration” has the meaning ascribed
to it in section 4 of this act.

Sec. 17. “Person with a permanent disability” has the meaning ascribed to it in
section 5 of this act.

Sec. 18. “Person with a temporary disability” has the meaning ascribed to it in
section 6 of this act.

Sec. 19. NRS 484.013 is hereby amended to
read as follows:

484.013 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 484.014 to 484.217,
inclusive, and sections 16, 17 and
18 of this act have the meanings ascribed to them in those
sections.

484.407 1. Except as otherwise provided in subsection
3, an owner or operator of a motor vehicle displaying a special parking
placard, a special parking sticker, a temporary parking placard, a temporary
parking sticker or special plates issued pursuant to NRS 482.384, or special
plates for a disabled veteran issued pursuant to NRS 482.377, may park the
motor vehicle for not more than 4 hours at any one time in a parking zone
restricted as to the length of time parking is permitted, without penalty,
removal or impoundment of the vehicle if the parking is otherwise consistent
with public safety and is done by a person with a permanent disability [which limits or impairs
the ability to walk,], disability of moderate duration or temporary disability, a
disabled veteran ,
or a person transporting any such
[a] person.

2. An owner or operator of a motor vehicle displaying
special plates for a disabled veteran issued pursuant to NRS 482.377 may,
without displaying a special license plate, placard or sticker issued pursuant
to NRS 482.384, park in a parking space designated for the handicapped if:

(a) The parking is done by a disabled veteran; or

(b) A disabled veteran is a passenger in the motor
vehicle being parked.

3. This section does not authorize the parking of a motor
vehicle in any privately or municipally owned facility for parking off the
highway without paying the required fee for the time during which the vehicle
is so parked.

Sec. 21. NRS 484.408 is hereby amended to read
as follows:

484.408 1. Any parking space designated for the
handicapped must be indicated by a sign:

(a) Bearing the international symbol of access with or
without the words “Parking,” “Handicapped Parking,” “Handicapped Parking Only ” [,”]
or “Reserved for the Handicapped,” or any other word or combination of words
indicating that the space is designated for the handicapped;

(b) Stating “Minimum fine of $100 for use by others” or
equivalent words; and

(c) The bottom of which must be not less than 4 feet
above the ground.

2. In addition to the requirements of subsection 1, a
parking space designated for the handicapped which:

(a) Is designed for the exclusive use of a vehicle with
a side-loading wheelchair lift; and

(b) Is located in a parking lot with 60 or more parking
spaces,

must be indicated by a sign using a combination of words to
state that the space is for the exclusive use of a vehicle with a side-loading
wheelchair lift.

3. If a parking space is designed for the use of a
vehicle with a side-loading wheelchair lift, the space which is immediately
adjacent and intended for use in the loading and unloading of a wheelchair into
or out of such a vehicle must be indicated by a sign:

(a) Stating “No Parking” or similar words which indicate
that parking in such a space is prohibited;

(b) Stating “Minimum fine of $100 for violation” or
similar words indicating that the minimum fine for parking in such a space is
$100; and

(c) The bottom of which must not be less than 4 feet
above the ground.

4. An owner of private property upon which is located
a parking space described in subsection 1, 2 or 3 shall erect and maintain or
cause to be erected and maintained any sign required pursuant to subsection 1,
2 or 3, whichever is applicable. If a parking space described in subsection 1,
2 or 3 is located on public property, the governmental entity having control
over that public property shall erect and maintain or
cause to be erected and maintained any sign required pursuant to subsection 1,
2 or 3, whichever is applicable.

that public property shall erect and maintain or cause to be
erected and maintained any sign required pursuant to subsection 1, 2 or 3,
whichever is applicable.

5. A person shall not park a vehicle in a space
designated for the handicapped by a sign that meets the requirements of
subsection 1, whether on public or privately owned property, unless he is
eligible to do so and the vehicle displays:

(a) Special license plates issued pursuant to NRS
482.384;

(b) A special or temporary parking placard issued
pursuant to NRS 482.384;

(c) A special or temporary parking sticker issued
pursuant to NRS 482.384;

(d) Special license plates, a special or temporary
parking sticker, or a special or temporary parking placard displaying the
international symbol of access issued by another state or a foreign country; or

(e) Special license plates for a disabled veteran
issued pursuant to NRS 482.377.

6. Except as otherwise provided in this subsection, a
person shall not park a vehicle in a space that is reserved for the exclusive
use of a vehicle with a side-loading wheelchair lift and is designated for the
handicapped by a sign that meets the requirements of subsection 2, whether on
public or privately owned property, unless:

(a) He is eligible to do so;

(b) The vehicle displays the special license plates or
placard set forth in subsection 5; and

(c) The vehicle is equipped with a side-loading
wheelchair lift.

A person who meets the requirements of paragraphs (a) and (b)
may park a vehicle that is not equipped with a side-loading wheelchair lift in
such a parking space if the space is in a parking lot with fewer than 60
parking spaces.

7. A person shall not park in a space which:

(a) Is immediately adjacent to a space designed for use
by a vehicle with a side-loading wheelchair lift; and

(b) Is designated as a space in which parking is
prohibited by a sign that meets the requirements of subsection 3,

whether on public or privately owned property.

8. A person shall not use a plate, sticker or placard
set forth in subsection 5 to park in a space designated for the handicapped
unless he is a person with a permanent
disability [which limits or impairs the ability to walk,], disability of moderate duration
or temporary disability, a disabled veteran , or the driver of a vehicle in which any such [a]
person is a passenger.

9. A person who violates any of the provisions of
subsections 5 to 8, inclusive, is guilty of a misdemeanor and shall be
punished:

(a) Upon the first offense, by a fine of $100.

(b) Upon the second offense, by a fine of $250 and not
less than 8 hours, but not more than 50 hours, of community service.

(c) Upon the third or subsequent offense, by a fine of not
less than $500, but not more than $1,000 and not less than 25 hours, but not
more than 100 hours, of community service.

Sec. 22. 1. This section and sections 1, 3, 7, 8,
11 and 14 of this act become effective on July 1, 2003.

3. Sections 2, 4, 5, 6, 12, 13 and 15 to 21, inclusive, of
this act become effective on January 1, 2004.

________

CHAPTER 32, AB 201

Assembly
Bill No. 201–Assemblymen Leslie and Williams

CHAPTER 32

AN ACT relating to
children; revising certain provisions relating to awards of money made by the
Committee for Protection of Children from the Children’s Trust Account to
certain agencies, organizations or institutions; and providing other matters
properly relating thereto.

[Approved: April 30, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 432.139 is hereby amended to
read as follows:

432.139 The Committee for Protection of Children shall:

1. Make [annual] awards of
money from the Children’s Trust Account to agencies of the State or its
political subdivisions, and nonprofit community organizations or educational
institutions which provide or will provide services for the prevention of the
abuse or neglect of children. The
duration of an award granted pursuant to this subsection must not exceed 3
years.

2. Adopt by regulation criteria to determine which
programs and services are eligible for an award of money [under]pursuant to subsection
1.

________

CHAPTER 33, AB 302

Assembly Bill No. 302–Committee on Judiciary

CHAPTER 33

AN ACT relating to
controlled substances; repealing a duplicative provision concerning the penalty
for the sale of imitation controlled substances; and providing other matters
properly relating thereto.

[Approved: April 30, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 453.3345 is hereby amended to
read as follows:

453.3345 1. Unless a greater penalty is provided in
NRS 453.333 or 453.334, and except as otherwise provided in NRS 193.169, any
person who violates NRS 453.321[,
453.322 or 453.323:] or 453.322:

(a) On the grounds of a public or private school, a
playground, public park, public swimming pool, recreational center for youths
or a video arcade;

(b) On a campus of the University and Community College
System of Nevada;

(c) Within 1,000 feet of the perimeter of such a school
ground or campus, playground, park, pool, recreational center or arcade; or

(d) Within 1,000 feet of a school bus stop from 1 hour
before school begins until 1 hour after school ends during scheduled school
days,

must be punished by imprisonment in the state prison for a
term equal to and in addition to the term of imprisonment prescribed by statute
for the crime. The sentence prescribed by this section runs consecutively with
the sentence prescribed by statute for the crime.

2. This section does not create a separate offense but
provides an additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.

3. For the purposes of this section:

(a) “Playground” means any outdoor facility, intended
for recreation, open to the public and in any portion thereof containing one or
more apparatus intended for the recreation of children, such as a sliding
board, teeterboard, sandbox or swingset.

(b) “Recreational center for youths” means a
recreational facility or gymnasium which regularly provides athletic, civic or
cultural activities for persons under 18 years of age.

(c) “School bus” has the meaning ascribed to it in NRS
483.160.

(d) “Video arcade” means a facility legally accessible
to persons under 18 years of age, intended primarily for the use of pinball and
video machines for amusement and which contains a minimum of 10 such machines.

AN ACT relating to
veterans; authorizing certain veterans’ organizations to take possession of the
unclaimed bodies of deceased veterans and provide for a military funeral; and
providing other matters properly relating thereto.

417.210 1. A veteran who is eligible for interment in
a national cemetery pursuant to the provisions of 38 U.S.C. § 2402 is eligible
for interment in a veterans’ cemetery in this state.

2. An eligible veteran, or a member of his immediate
family, or a veterans’
organization recognized by the Executive Director may apply for a
plot in a cemetery for veterans in this state by submitting a request to the
cemetery superintendent on a form to be supplied by the cemetery
superintendent. The cemetery superintendent shall assign available plots in the
order in which applications are received. A specific plot may not be reserved
before it is needed for burial. No charge may be made for a plot or for the
interment of a veteran.

3. One plot is allowed for the interment of each
eligible veteran and for each member of his immediate family, except where the
conditions of the soil or the number of the decedents of the family requires
more than one plot.

4. The Executive Director shall charge a fee for the
interment of a family member, but the fee may not exceed the actual cost of
interment.

5. As used in this section, “immediate family” means
the spouse, minor child or, when the Executive Director deems appropriate, the
unmarried adult child of an eligible veteran.

Sec. 2. NRS 451.400 is hereby amended to read
as follows:

451.400 1. All
public officers, agents or employees of every county, city or town, every
person in charge of any prison, morgue, hospital, funeral parlor or mortuary,
and all other persons coming into possession, charge or control of any dead
human body which is unclaimed or which is required to be buried at public
expense are hereby required to notify the Committee immediately, or such person
as may from time to time be designated by the Committee.

2. [Every]Except as otherwise provided in NRS 451.420, every such
person shall, upon the request of the Committee and without fee, deliver such a dead body to the
Committee, or to such agent, institution or person as the Committee shall
designate.

Sec. 3. NRS 451.420 is hereby amended to read
as follows:

451.420 1.
Notice of death [shall]must be given to the Committee in all cases of
unclaimed indigent persons. [No body shall be delivered to the Committee if]

2. If any
relative, by blood or marriage, claims the body for burial at the expense of [such]the relative, [but
the body shall]the body must not be delivered to the Committee, but must be
surrendered to the claimant for interment.

3. No
such body [shall]may be delivered to the Committee if any
friend of the deceased, any representative of a fraternal society of which the
deceased was a member, any
representative of a veterans’ organization recognized by the Executive Director
for Veterans’ Services, or any representative of any charitable
or religious organization claims the body for burial at its expense. [No
body shall be delivered to the Committee if]

4. If the
deceased person was an honorably discharged member of the Armed Forces of the
United States or the State [but the body shall], the body must not be delivered to the Committee, but must be
buried in accordance with the provisions of the existing laws. If a veterans’ organization claims the
body of a deceased veteran pursuant to subsection 3, the veterans’ organization
must provide a military funeral.

451.430 Any dead human body which has been delivered
to the Committee may be claimed by any friend of the deceased, any
representative of a fraternal society of which the deceased was a member, a veterans’ organization recognized by
the Executive Director for Veterans’ Services, or any
representative of any charitable or religious organization. Upon receipt of
such a claim, the
body [shall]must be surrendered to the claimant by the
Committee after the payment to the Committee of the expenses incurred in
obtaining and handling [such]the body. If a veterans’ organization claims the body of a deceased
veteran pursuant to this section, the veterans’ service organization must
provide a military funeral.

Sec. 5. This act becomes effective on July 1, 2003.

________

CHAPTER 35, AB 175

Assembly Bill No. 175–Committee on Education

CHAPTER 35

AN ACT relating to
school districts; providing for the appointment of a temporary replacement to a
board of trustees of a school district for a member who enters active military
service; and providing other matters properly relating thereto.

[Approved: May 1, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 386 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. If a
vacancy occurs, or will occur, in a board of trustees because a member of the
board has entered, or is entering, into active military service, the board of
trustees may appoint a person to serve as a temporary replacement for that
member. Such a temporary appointment must be made in the manner, and subject to
the requirements, otherwise prescribed in NRS 386.270, except that the member
of the board of trustees who has entered, or is entering, into active military
service may participate in the process to appoint his temporary replacement.

2. If a person
is temporarily appointed to serve on a board of trustees pursuant to this
section:

(a) The
person fully assumes the duties, rights and responsibilities of a member of the
board of trustees, and is entitled to the compensation, allowances and expenses
otherwise payable to a member, for the duration of his appointment.

(b) The member
of a board of trustees who is temporarily replaced shall be deemed to be on
leave without pay from the board of trustees for the duration of the appointment
of his temporary replacement.

3. A
person appointed to serve on the board of trustees pursuant to this section
serves:

(a) Until
the member of the board of trustees being temporarily replaced returns from
active military service; or

1.
Any vacancy occurring in a board of trustees [shall]must be filled by
appointment by the remaining members of [such]the board at a
public meeting held after notice of [such] the meeting is published
at least once each week for 2 weeks in a newspaper qualified pursuant to the
provisions of chapter 238 of NRS. The appointee shall serve until the next
general election, at which time his successor [shall]must be elected for
the balance of the unexpired term.

2. Any person appointed to fill a vacancy [shall]must have the
qualifications provided in NRS 386.240.

AN ACT relating to
crimes; providing a greater penalty for false imprisonment when committed by
using the person so imprisoned as a shield or to avoid arrest; and providing
other matters properly relating thereto.

[Approved: May 1, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 200.460 is hereby amended to
read as follows:

200.4601. False imprisonment is an
unlawful violation of the personal liberty of another, and consists in
confinement or detention without sufficient legal authority.

2. A person convicted of false imprisonment shall pay
all damages sustained by the person so imprisoned, and, except as otherwise
provided in subsection 3, is guilty of a gross misdemeanor.

3. [If]Unless a greater penalty is provided pursuant to subsection
4, if the false imprisonment is committed:

(a) By a prisoner in a penal institution without a
deadly weapon; or

(b) By any other person with the use of a deadly weapon,

the person convicted of such a false imprisonment is guilty
of a category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum term of not
more than 6 years.

4. Unless
a greater penalty is provided pursuant to subsection 5, if the false
imprisonment is committed by using the person so imprisoned as a shield or to
avoid arrest, the person convicted of such a false imprisonment is guilty of a
category B felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 15 years.

5. If
the false imprisonment is committed by a prisoner who is in lawful custody or
confinement with the use of a deadly weapon, the person convicted of such a
false imprisonment is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 20 years.

Sec. 2. NRS 207.012 is hereby amended to read
as follows:

207.012 1. A person who:

(a) Has been convicted in this state of a felony listed
in subsection 2; and

(b) Before the commission of that felony, was twice
convicted of any crime which under the laws of the situs of the crime or of
this state would be a felony listed in subsection 2, whether the prior
convictions occurred in this state or elsewhere,

is a habitual felon and shall be punished for a category A
felony by imprisonment in the state prison:

(1) For life without the possibility of parole;

(2) For life with the possibility of parole,
with eligibility for parole beginning when a minimum of 10 years has been
served; or

(3) For a definite term of 25 years, with
eligibility for parole beginning when a minimum of 10 years has been served.

3. The trial judge may not dismiss a count under this
section that is included in an indictment or information.

Sec. 3. This act becomes effective upon passage and
approval.

________

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ê2003
Statutes of Nevada, Page 389ê

CHAPTER 37, AB 247

Assembly Bill No. 247–Committee on Government Affairs

CHAPTER 37

AN ACT relating to
veterans’ homes; providing for the creation and administration of a trust fund
consisting of money belonging to the residents of a veterans’ home; providing
for the creation and administration of a reserve cash fund to allow those
residents immediate access to their money; providing for the creation and
administration of a revolving account for each veterans’ home to be used for
the immediate payment of certain expenses of the veterans’ home; authorizing
the Executive Director of the Office of Veterans’ Services to transfer money
from the Veterans’ Home Account to the revolving accounts under certain
circumstances; and providing other matters properly relating thereto.

[Approved: May 1, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Chapter 417 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 and 3 of this
act.

Sec. 2. 1. An administrator for a veterans’ home may accept money
belonging to the residents of the veterans’ home and, except as otherwise
provided in this section, shall deposit that money in a trust fund which is
established in a bank, credit union or savings and loan association qualified
to receive deposits of public money. The administrator shall account for all such
money of the residents separately. Interest and income earned on the money in
the trust fund, after deducting any applicable charges, must be accounted for
separately and credited to the appropriate accounts in the trust fund.

2. The
administrator shall:

(a) Keep a
separate account for each resident who entrusts his money with the
administrator for deposit into the trust fund.

(b) Keep, or
cause to be kept, a full and accurate written account of the money of each
resident of the veterans’ home accepted pursuant to this section.

(c) Pay any
remaining balance in the account of a resident, including an amount equal to
that portion of money in the reserve cash fund maintained pursuant to
subsection 3 that is attributable to the resident:

(1) If
the resident leaves the veterans’ home, to the resident or his legal guardian;
or

(2) Upon
the death of the resident, to the person administering the estate of the
resident.

3. From the
money in the trust fund, the administrator shall maintain a sum not to exceed
$3,000 in a reserve cash fund at the veterans’ home for immediate use by the
residents of the veterans’ home who have an account in the trust fund. The
administrator shall not keep an amount in the reserve cash fund attributable to
a specific resident that is in excess of $50. If a resident withdraws money
from the reserve cash fund, the administrator
shall deduct the amount of the withdrawal from the resident’s account in the
trust fund.

administrator shall
deduct the amount of the withdrawal from the resident’s account in the trust
fund.

Sec. 3. 1. A revolving account up to the amount of $2,000 is hereby
created for each veterans’ home, and may be used for the payment of bills of
the veterans’ home requiring immediate payment and for no other purpose. The
administrator of a veterans’ home shall deposit the money for the revolving
account for the veterans’ home in a bank, credit union or savings and loan
association qualified to receive deposits of public money. The revolving
account must be under the control of the administrator of the veterans’ home
for which the account was created.

2. The
Executive Director may transfer such amounts of money from the Veterans’ Home
Account to a revolving account as the Executive Director determines necessary
provided that the balance in the revolving account does not exceed $2,000.

Sec. 4. This act becomes effective upon passage and
approval.

________

CHAPTER 38, AB 468

Assembly Bill No. 468–Committee on Ways and Means

CHAPTER 38

AN ACT making
supplemental appropriations to the Welfare Division of the Department of Human
Resources for unanticipated shortfalls in Fiscal Year 2002-2003 for the
Electronic Transfer Program and the State’s share of caseload requirements and
cost allocation of the Division; and providing other matters properly relating
thereto.

[Approved: May 1, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the
State General Fund to the Welfare Administration of the Welfare Division of the
Department of Human Resources the sum of $122,437 for an unanticipated shortfall
in money for Fiscal Year 2002-2003 for the Electronic Benefits Transfer
Program. This appropriation is supplemental to that made by section 19 of
chapter 570, Statutes of Nevada 2001, at page 2861.

2. There is hereby appropriated from the State General Fund
to the Welfare Field Services of the Welfare Division of the Department of
Human Resources the sum of $2,761,305 for an unanticipated shortfall in money
for Fiscal Year 2002-2003 to fund the State’s share of the caseload
requirements and cost allocation of the Division. This appropriation is
supplemental to that made by section 19 of chapter 570, Statutes of Nevada
2001, at page 2861.

Sec. 2. This act becomes effective upon passage and
approval.

________

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ê2003
Statutes of Nevada, Page 391ê

CHAPTER 39, AB 531

Assembly Bill No. 531–Committee on Taxation

CHAPTER 39

AN ACT relating to
taxation; establishing the joint and several liability of a responsible person
and other taxpayers for the payment of the use tax, interest and applicable
penalties that are owed; establishing the same liability for certain other
analogous taxes; and providing other matters properly relating thereto.

[Approved: May 1, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 372.398 is hereby amended to
read as follows:

372.398 1. A responsible person who willfully fails
to collect or pay to the Department the tax imposed by this chapter or who
willfully attempts to evade the payment of the tax is jointly and severally
liable with [the retailer]any other person who is required by this chapter to pay the
tax for the tax owed plus interest and all applicable penalties.
The responsible person shall pay the tax upon notice from the Department that
it is due.

2. As used in this section, “responsible person”
includes:

(a) An officer or employee of a corporation; and

(b) A member or employee of a partnership or
limited-liability company,

whose job or duty it is to collect, account for or pay to the
Department the tax imposed by this chapter.

Sec. 2. NRS 374.403 is hereby amended to read
as follows:

374.403 1. A responsible person who willfully fails
to collect or pay to the Department the tax imposed by this chapter or who
willfully attempts to evade the payment of the tax is jointly and severally
liable with [the retailer]any other person who is required by this chapter to pay the
tax for the tax owed plus interest and all applicable penalties.
The responsible person shall pay the tax upon notice from the Department that
it is due.

2. As used in this section, “responsible person”
includes:

(a) An officer or employee of a corporation; and

(b) A member or employee of a partnership or
limited-liability company,

whose job or duty it is to collect, account for or pay to the
Department the tax imposed by this chapter.

Sec. 3. This act becomes effective upon passage and
approval.

________

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ê2003
Statutes of Nevada, Page 392ê

CHAPTER 40, SB 87

Senate Bill No. 87–Committee on Judiciary

CHAPTER 40

AN ACT relating to
courts; revising the provisions pertaining to the transaction of judicial
business; and providing other matters properly relating thereto.

[Approved: May 1, 2003]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.NRS 1.130 is hereby amended to
read as follows:

1.130 1. No court except a justice’s court or a
municipal court shall be opened nor shall any judicial business be transacted
except by a justice’s court or municipal court on Sunday, or on any day
declared to be a legal holiday according to the provisions of NRS 236.015,
except for the following purposes:

(a) To give, upon their request, instructions to a jury
then deliberating on their verdict.

(b) To receive a verdict or discharge a jury.

(c) For the exercise of the power of a magistrate in a
criminal action or in a proceeding of a criminal nature.

(d) To
receive communications by telephone and for the issuance of a temporary order
pursuant to subsection 5 of NRS 33.020.

(e) For
the issue of a writ of attachment, which may be issued on each and all of the
days above enumerated upon the plaintiff, or some person in his behalf, setting
forth in the affidavit required by law for obtaining the writ the additional
averment as follows:

That the affiant has good reason to believe, and does
believe, that it will be too late for the purpose of acquiring a lien by the
writ to wait until subsequent day for the issuance of the same.

All proceedings instituted, and all writs issued, and all
official acts done on any of the days above specified, under and by virtue of
this section, shall have all the validity, force and effect of proceedings
commenced on other days, whether a lien be obtained or a levy made under and by
virtue of the writ.